Consider the following statements :
- The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
- The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary.
Which of the statements given above is/are correct ?
Detailed Explanation:
Answer: Option 2 — 2 only
Statement 1 is incorrect because the 44th Amendment (1978) actually restored judicial review of elections of the President, Vice President, Prime Minister, and Speaker, which had been removed by the 39th Amendment. Statement 2 is correct as the Supreme Court struck down the 99th Constitutional Amendment Act, 2014, which established the National Judicial Appointments Commission (NJAC), holding that it violated the independence of the judiciary—a basic feature of the Constitution.
❌ Statement 1 – Incorrect: The 44th Amendment restored judicial review of the Prime Minister's election, not placed it beyond review (the 39th Amendment had removed such review).
✅ Statement 2 – Correct: The 99th Amendment (2014) establishing NJAC was struck down by the Supreme Court in 2015 for violating judicial independence.
📝 Short Notes: Constitutional Amendments and Judicial Review
| Amendment | Year | Key Provision | Outcome |
|---|---|---|---|
| 39th Amendment | 1975 | Placed elections of President, Vice President, PM, and Speaker beyond judicial review | Enacted during Emergency; removed judicial oversight |
| 44th Amendment | 1978 | Restored judicial review for these elections | Reversed the 39th Amendment provisions |
| 99th Amendment | 2014 | Established National Judicial Appointments Commission (NJAC) to replace Collegium system | Struck down by SC in 2015 (violated judicial independence) |
- Basic Structure Doctrine: Established in Kesavananda Bharati case (1973), it holds that certain fundamental features of the Constitution cannot be amended by Parliament, including judicial independence.
- Collegium System: A system of appointing judges evolved through judicial pronouncements (Second and Third Judges Cases), where senior SC judges recommend appointments.
- NJAC Composition: Included CJI, two senior SC judges, Union Law Minister, and two eminent persons—SC held this compromised judicial primacy in appointments.
- Judicial Independence: Core element ensuring judiciary remains free from executive and legislative interference, essential for constitutional democracy.
Question 4 of 5 Important Constitutional Amendments
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