Question
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
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer:
B
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Explanation:
Statement 1 is incorrect. There is no provision in the 44th Amendment or any other amendment that places the election of the Prime Minister beyond judicial review. The election of the Prime Minister can be subject to judicial scrutiny if any legal issues or challenges arise.
Statement 2 is correct. The Supreme Court of India did strike down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary. The 99th Amendment sought to establish the National Judicial Appointments Commission (NJAC) for the appointment of judges to the higher judiciary. The Supreme Court held that the NJAC would compromise the independence of the judiciary, and therefore, the amendment was declared unconstitutional.