Here is Question No. 45 a part of our series on UPSC Prelims 2019
Q45. Consider the following statements:
- The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
- The Supreme Court of India struck down the 99th Amendment to the Constitution of India is violative of the independence of judiciary.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: B
- Statement 1 is not correct: In 1975, Parliament passed the Thirty-ninth Amendment to the Constitution which removed the authority of the Supreme Court to adjudicate petitions regarding elections of the President, Vice President, Prime Minister, and Speaker of the Lok Sabha. Instead, a body constituted by Parliament would be vested with the power to resolve such election disputes.
- Statement 2 is correct: The 99th Constitutional Amendment and National Judicial Appointments Commission (NJAC) Acts were brought by the government to replace the 1993 collegium system for the appointment of judges to the Supreme Court and the High courts. But the Supreme Court of India struck down the 99th Amendment to the Constitution as it impinged upon the principles of “independence of the judiciary”, as well as “separation of powers”
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