- Statement 1 is incorrect. The 39th Amendment Act, 1975, inserted Article 329A into the Constitution, which placed the election of the Prime Minister and the Speaker beyond judicial review. However, this article was struck down by the Supreme Court in the case of Indira Gandhi vs Raj Narain (1975). The 44th Amendment did not introduce such a provision; rather, it repealed Article 329A. - Statement 2 is correct. The 99th Amendment Act, 2014, sought to replace the Collegium system for the appointment of Supreme Court and High Court judges with the National Judicial Appointments Commission (NJAC). The Supreme Court, in the Fourth Judges Case (Supreme Court Advocates on Record Association vs Union of India, 2015), struck down the 99th Amendment and the NJAC Act, 2014, declaring them unconstitutional and violative of the independence of the judiciary, which is considered a basic structure of the Constitution.
Consider the following statements: 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review. 2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary. Which of the statements given above is/are correct?
Asked in UPSC IAS 2019 · Topic: Constitutional Amendments (Judicial Review of Constitutional Amendments: Major judicial pronouncements and landmark judgments)
More Indian Polity and Governance questions
- In which of the following cases Supreme Court held that an amendment of the Constitution under Article 368 is a ‘law’?
- The 97th Constitutional Amendment Act resulted in the :
- The Indian State that was given just the status of associate state in 1974 and got the status of a full state in 1975 by the Amendments of the Constitution is
- Which of the following Amendment(s) provide(s) for reservation in jobs and admissions ?
- Consider the following statements regarding GST: I. GST will bring more transparency to direct tax laws. II. GST was the 122nd Constitutional Amendment Bill introduced in the Parliament. III. GST is a destination-based tax. Which of the statements given above is/are correct?
- Which amendment provides for an authoritative version of the Constitution in Hindi?
- The first amendment to the Constitution of India was made in-
- Through which Constitution Amendment Act, reservation of students belonging to SC/ST/ OBC in admission to private unaided educational institutions is provided?