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 judiciary.
Which of the statements given above is/are correct?
This questions was previously asked in
UPSC CSP Previous Year Paper (2019)
Both 1 and 2
Incorrect AnswerNeither 1 nor 2
Incorrect AnswerExplanation:
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. Instead, a body constituted by Parliament would be vested with the power to resolve such election disputes.
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, in which a body of judges would be consulted by the President to appoint the judges, with the judiciary’s opinion being final.
The Supreme Court of India struck down the 99th Amendment to the Constitution of India; the Court evaluated the theory of separation of powers and held that the interference of the executive in the appointment of judges to the higher judiciary was a violation of the theory
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By: Abhipedia