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?
Show answer
Answer: B. Statement 1 is wrong: it was the 39th Amendment (1975) that inserted Article 329A to put the Prime Minister's election beyond court review; the 44th Amendment (1978) removed it. Statement 2 is correct: in 2015 the Supreme Court struck down the 99th Amendment (NJAC) for harming judicial independence. So 2 only.
Watch for: The 39th and 44th Amendments are both linked to the Emergency, so students swap them.
Why the other options are wrong
- A. Wrong because the 44th Amendment did not insert that provision; the 39th did.
- C. Wrong because statement 1 is false.
- D. Wrong because statement 2 is true.
Source to check: Constitution (Thirty-ninth Amendment) Act, 1975 and (Forty-fourth Amendment) Act, 1978; Supreme Court Advocates-on-Record Association v. Union of India (2015)
Answer from the official UPSC key. Written and fact-checked by AI against the official key. Spotted a mistake? Report it.