UPSC Prelims 2019 · Question 85 of 99
UPSC Prelims 2019 question on NJAC 99th Amendment Pm Election
- ExamUPSC CSE
- Year2019
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicConstitutional Amendment
- DifficultyMedium
- TypeStatement
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. 2 only
Verdict
Correct statement: 2 only → Option (b).
Statement by statement
Statement 1 – INCORRECT: The Parliament passed the Thirty-ninth amendment to the Constitution which removed the authority of the Supreme Court to adjudicate petitions regarding elections of the President, Vice President, Prime Minister and Speaker of the Lok Sabha. Amendments were also made to the Representation of Peoples Acts of 1951 and 1974 and placed in the Ninth Schedule along with the Election Laws Amendment Act, 1975 in order to save the Prime Minister from embarrassment if the apex court delivered an unfavourable verdict. This was done under the 39th Amendment, not the 44th.
Statement 2 – CORRECT: The National Judicial Appointments Commission (NJAC) was a body tasked with appointing judges to the higher judiciary in India. Article 124 of the Constitution was amended through the 99th Amendment to reflect the change in the system of appointments from the collegium system. The Supreme Court struck down the 99th Amendment as unconstitutional, reasoning that the composition of NJAC allowed excessive executive interference in the appointment of judges, which was violative of the independence of judiciary.