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?
A
1 only
B
2 only
Correct Answer
C
Both 1 and 2
D
Neither 1 nor 2
Explanation
Statement 2 is correct because the Supreme Court struck down the 99th Amendment (NJAC) in 2015, ruling that it violated the "independence of the judiciary," which is part of the Basic Structure of the Constitution. Statement 1 is incorrect because it was the 39th Amendment (1975), not the 44th, that attempted to place the election of the Prime Minister beyond judicial review. This question tests the core concept of the Basic Structure doctrine and the historical impact of significant constitutional amendments on the balance of power between the legislature and the judiciary.
Constitutional Amendments & JudiciaryJudicial Review & Basic Structure39th Amendment Act 197544th Amendment Act 197899th Amendment Act 2014NJACNational Judicial Appointments CommissionIndependence of JudiciaryArticle 329A