Q45 · UPSC Prelims 2019 · Set A · Polity and Governance

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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?

A 1 only
B 2 only
C Both 1 and 2
D Neither 1 nor 2

Correct answer: (b) 2 only

Explanation

  1. A

    1 only

    (a) 1 only. The 44th Amendment (1978) reversed Emergency distortions (e.g. Article 352, 356, 21–19 restoration); it did not insert an article placing the Prime Minister’s election beyond judicial review. So statement 1 is false and 1 only is not the key.

  2. B

    2 only

    (b) 2 only. The 99th Amendment created the National Judicial Appointments Commission; the Supreme Court in 2015 struck it down as damaging the independence of the judiciary and the basic structure. Statement 2 is true and statement 1 is not, so 2 only is the official key.

  3. C

    Both 1 and 2

    (c) Both 1 and 2. Statement 1 fails, so both-true is not the key.

  4. D

    Neither 1 nor 2

    (d) Neither 1 nor 2. Statement 2 is a correct account of the NJAC judgment, so neither-true is not the key.

Summary. Official key is (b) 2 only. No 44th Amendment bar on reviewing the Prime Minister’s election exists as stated. The NJAC (99th Amendment) was invalidated to protect judicial independence. Honour the stored letter (b).

Same topic · past papers

UPSC has asked this before

These previous-year questions sit on the same topic. Open one to practise the earlier ask.

  1. 2026 · Q55 · General Studies · 2 marks

    Consider the following statements with reference to the Constitution of India: 1. There is no Article in the Constitution of India that specifies that the Constitution of India will be officially called the 'Constitution of India'. 2. There is no Article in the Constitution of India that specifies that the Indian Independence Act, 1947 and the Government of India Act, 1935 stand repealed. 3. There is no Article in the Constitution of India that mentions 26th January, 1950 as the date of the commencement of the Constitution of India. Which one of the following conclusions based on the above statements is correct?

    View answer →

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