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?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC IAS – 2019
– Statement 2 is correct. The 99th Amendment Act, 2014, sought to replace the Collegium system for the appointment of Supreme Court and High Court judges with the National Judicial Appointments Commission (NJAC). The Supreme Court, in the Fourth Judges Case (Supreme Court Advocates on Record Association vs Union of India, 2015), struck down the 99th Amendment and the NJAC Act, 2014, declaring them unconstitutional and violative of the independence of the judiciary, which is considered a basic structure of the Constitution.