Polity & Governance2019
Consider the following statements:
- The 44th Amendment to the Constitution of India
- 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?
Explanation
The correct option is "2 only" because the 44th Amendment to the Constitution of India did not introduce any article placing the election of the Prime Minister beyond judicial review; rather, it aimed to enhance democratic rights and prevent arbitrary actions during emergencies. However, the Supreme Court did strike down the 99th Amendment in the 2015 verdict in the NJAC case, upholding the independence of the judiciary by ruling that the amendment compromised the separation of powers and judicial appointments. This illustrates the judiciary’s role as a guardian of constitutional values and emphasizes the principle of checks and balances in the Indian democracy.
