{"id":91665,"date":"2025-06-01T11:02:13","date_gmt":"2025-06-01T11:02:13","guid":{"rendered":"https:\/\/exam.pscnotes.com\/mcq\/?p=91665"},"modified":"2025-06-01T11:02:13","modified_gmt":"2025-06-01T11:02:13","slug":"consider-the-following-statements-1-the-44th-amendment-to-the-con","status":"publish","type":"post","link":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-44th-amendment-to-the-con\/","title":{"rendered":"Consider the following statements:\n \n 1. The 44th Amendment to the Con"},"content":{"rendered":"<p>Consider the following statements:<\/p>\n<ul>\n<li>1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.<\/li>\n<li>2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.<\/li>\n<\/ul>\n<p>Which of the statements given above is\/are correct?<\/p>\n<p>[amp_mcq option1=&#8221;1 only&#8221; option2=&#8221;2 only&#8221; option3=&#8221;Both 1 and 2&#8243; option4=&#8221;Neither 1 nor 2&#8243; correct=&#8221;option2&#8243;]<\/p>\n<div class=\"psc-box-pyq-exam-year-detail\">\n<div class=\"pyq-exam\">\n<div class=\"psc-heading\">This question was previously asked in<\/div>\n<div class=\"psc-title line-ellipsis\">UPSC IAS &#8211; 2019<\/div>\n<\/div>\n<div class=\"pyq-exam-psc-buttons\"><a href=\"\/pyq\/pyq-upsc-ias-2019.pdf\" target=\"_blank\" class=\"psc-pdf-button\" rel=\"noopener\">Download PDF<\/a><a href=\"\/pyq-upsc-ias-2019\" target=\"_blank\" class=\"psc-attempt-button\" rel=\"noopener\">Attempt Online<\/a><\/div>\n<\/div>\n<section id=\"pyq-correct-answer\">\nStatement 2 is correct, while statement 1 is incorrect.<br \/>\n<\/section>\n<section id=\"pyq-key-points\">\n&#8211; Statement 1 is incorrect. The 39th Amendment Act, 1975, inserted Article 329A into the Constitution, which placed the election of the Prime Minister and the Speaker beyond judicial review. However, this article was struck down by the Supreme Court in the case of Indira Gandhi vs Raj Narain (1975). The 44th Amendment did not introduce such a provision; rather, it repealed Article 329A.<br \/>\n&#8211; 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.<br \/>\n<\/section>\n<section id=\"pyq-additional-information\">\nThe 44th Amendment Act, 1978, primarily focused on reversing some of the changes made by the 42nd Amendment Act, 1976 (Mini-Constitution) during the Emergency period, including restoring certain fundamental rights and limiting the power to declare national emergency. The independence of the judiciary is a cornerstone of the Indian Constitution and the Supreme Court has played a vital role in upholding it.<br \/>\n<\/section>\n","protected":false},"excerpt":{"rendered":"<p>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 &#8230; <\/p>\n<p class=\"read-more-container\"><a title=\"Consider the following statements:\n \n 1. The 44th Amendment to the Con\" class=\"read-more button\" href=\"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-44th-amendment-to-the-con\/#more-91665\">Detailed Solution<span class=\"screen-reader-text\">Consider the following statements:<\/p>\n<p> 1. The 44th Amendment to the Con<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1092],"tags":[1119,1192,1099],"class_list":["post-91665","post","type-post","status-publish","format-standard","hentry","category-upsc-ias","tag-1119","tag-constitutional-amendments","tag-indian-polity-and-governance","no-featured-image-padding"],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v22.2 (Yoast SEO v23.3) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Consider the following statements:  1. The 44th Amendment to the Con<\/title>\n<meta name=\"description\" content=\"Statement 2 is correct, while statement 1 is incorrect. - Statement 1 is incorrect. The 39th Amendment Act, 1975, inserted Article 329A into the Constitution, which placed the election of the Prime Minister and the Speaker beyond judicial review. However, this article was struck down by the Supreme Court in the case of Indira Gandhi vs Raj Narain (1975). The 44th Amendment did not introduce such a provision; rather, it repealed Article 329A. - 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.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-44th-amendment-to-the-con\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Consider the following statements:  1. The 44th Amendment to the Con\" \/>\n<meta property=\"og:description\" content=\"Statement 2 is correct, while statement 1 is incorrect. - Statement 1 is incorrect. The 39th Amendment Act, 1975, inserted Article 329A into the Constitution, which placed the election of the Prime Minister and the Speaker beyond judicial review. However, this article was struck down by the Supreme Court in the case of Indira Gandhi vs Raj Narain (1975). The 44th Amendment did not introduce such a provision; rather, it repealed Article 329A. - 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.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-44th-amendment-to-the-con\/\" \/>\n<meta property=\"og:site_name\" content=\"MCQ and Quiz for Exams\" \/>\n<meta property=\"article:published_time\" content=\"2025-06-01T11:02:13+00:00\" \/>\n<meta name=\"author\" content=\"rawan239\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"rawan239\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"1 minute\" \/>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"Consider the following statements:  1. The 44th Amendment to the Con","description":"Statement 2 is correct, while statement 1 is incorrect. - Statement 1 is incorrect. The 39th Amendment Act, 1975, inserted Article 329A into the Constitution, which placed the election of the Prime Minister and the Speaker beyond judicial review. However, this article was struck down by the Supreme Court in the case of Indira Gandhi vs Raj Narain (1975). The 44th Amendment did not introduce such a provision; rather, it repealed Article 329A. - 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.","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-44th-amendment-to-the-con\/","og_locale":"en_US","og_type":"article","og_title":"Consider the following statements:  1. The 44th Amendment to the Con","og_description":"Statement 2 is correct, while statement 1 is incorrect. - Statement 1 is incorrect. The 39th Amendment Act, 1975, inserted Article 329A into the Constitution, which placed the election of the Prime Minister and the Speaker beyond judicial review. However, this article was struck down by the Supreme Court in the case of Indira Gandhi vs Raj Narain (1975). The 44th Amendment did not introduce such a provision; rather, it repealed Article 329A. - 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.","og_url":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-44th-amendment-to-the-con\/","og_site_name":"MCQ and Quiz for Exams","article_published_time":"2025-06-01T11:02:13+00:00","author":"rawan239","twitter_card":"summary_large_image","twitter_misc":{"Written by":"rawan239","Est. reading time":"1 minute"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-44th-amendment-to-the-con\/","url":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-44th-amendment-to-the-con\/","name":"Consider the following statements: 1. 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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.","breadcrumb":{"@id":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-44th-amendment-to-the-con\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-44th-amendment-to-the-con\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/exam.pscnotes.com\/mcq\/consider-the-following-statements-1-the-44th-amendment-to-the-con\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/exam.pscnotes.com\/mcq\/"},{"@type":"ListItem","position":2,"name":"UPSC IAS","item":"https:\/\/exam.pscnotes.com\/mcq\/category\/upsc-ias\/"},{"@type":"ListItem","position":3,"name":"Consider the following statements: 1. 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