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?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Explanation
Statement 1 is incorrect
- The 44th Amendment, enacted in 1978, was a significant legislative response to the excesses during the Emergency period (1975-1977) and aimed to restore democratic rights and the rule of law in India.
- Prior to the 44th Amendment, the 39th Amendment had inserted Article 329-A, which effectively shielded the election of the Prime Minister and the Speaker of the Lok Sabha from judicial review. This provision was designed to prevent challenges to Indira Gandhi’s election following the Allahabad High Court’s ruling that invalidated her election due to electoral malpractice.
- However, the 44th Amendment repealed Article 329-A, thereby reinstating the Supreme Court’s authority to adjudicate disputes related to the elections of the Prime Minister and the Speaker. This restoration ensured that elections are subject to judicial scrutiny, reinforcing the principle that no one is above the law, including the Prime Minister.
Statement 2 is correct
- The 99th Amendment, enacted in 2014, established the National Judicial Appointments Commission (NJAC), which aimed to change the process of appointing judges to the higher judiciary in India.
- The amendment sought to replace the collegium system, which is a system of appointments where a group of senior judges has the final say in judicial appointments. In 2015, the Supreme Court ruled that the 99th Amendment and the NJAC Act violated the basic structure doctrine of the Constitution, particularly the independence of the judiciary. As a result, the Supreme Court struck down the 99th Amendment, reaffirming the importance of the collegium system in maintaining judicial independence.
