UPSC Prelims 2019 Q45: Indian Polity – Constitutional Framework & Development
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (b) 2 only
Explanation
Constitutional Amendments: Judicial Review
| Statement | Claim | Verdict | Detail |
|---|---|---|---|
| 1 | 44th Amendment placed PM's election beyond judicial review | FALSE | It was the 39th Amendment (1975) - during Emergency - that inserted Article 329A placing elections of PM, President, Vice-President and Lok Sabha Speaker beyond judicial review. The 44th Amendment (1978) was in fact a REVERSAL of many Emergency-era changes (restored right to property to legal right, etc.). |
| 2 | SC struck down 99th Amendment as violating judicial independence | TRUE | 99th Amendment (2014) established the National Judicial Appointments Commission (NJAC) to replace the collegium. The Supreme Court (5-judge bench, 2015) struck it down in Supreme Court Advocates-on-Record Association v Union of India (Fourth Judges Case) as violating the independence of the judiciary - part of the basic structure. |
Only statement 2 is correct. Answer: (b) 2 only.
Answer: (b) 2 only.
Why each option is right or wrong
- (a) Incorrect. It was the 39th Amendment (1975), not the 44th, that placed PM's election beyond judicial review. The 44th Amendment reversed Emergency-era changes.
- (b) CORRECT. The Supreme Court struck down the 99th Amendment (NJAC) in 2015 as violating judicial independence (part of basic structure). Statement 1 is factually wrong.
- (c) Incorrect. Statement 1 is false.
- (d) Incorrect. Statement 2 is correct.
Key point
39th Amendment (1975) placed PM's election beyond judicial review (Emergency-era). 44th Amendment (1978) REVERSED many Emergency changes. 99th Amendment (2014, NJAC) struck down by SC in 2015 as violating judicial independence.
Remember
Only statement 2 is correct. It was the 39th Amendment (1975), NOT the 44th, that placed the PM's election beyond judicial review. The 44th Amendment (1978) actually reversed many Emergency-era provisions. The Supreme Court did strike down the 99th Amendment (NJAC, 2014) in 2015 as violating the independence of the judiciary - a basic-structure principle.
Common mistakes
- Confusing 39th and 44th Amendments - the 44th was Janata Party's REVERSAL of Emergency amendments.
- Not knowing the NJAC striking down (Fourth Judges Case, 2015) reaffirmed the collegium system.
- Missing that Article 329A (inserted by 39th) was later removed by 44th Amendment.
Exam tip
Amendment shortcuts: 39th (1975) = Emergency insulation (Indira era). 42nd (1976) = 'Mini Constitution', socialist/secular added. 44th (1978) = Janata reversal - right to property downgraded from FR to legal right; Emergency safeguards. 99th (2014) = NJAC (struck down 2015). 101st (2016) = GST. 103rd (2019) = EWS reservation.
Sources
- Constitution of India - Text of 39th, 42nd, 44th and 99th Amendments
- SC judgment - Supreme Court Advocates-on-Record Association v Union of India (2015)