Crack Prelims
← Constitution & its features · Amendments & basic structure
Prelims 2019 · Q45 · Amendments & basic structure

Consider the following statements :

  1. 1.The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
  2. 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.