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?
Explanation
Statement 1 is incorrect: The 39th Constitutional
Amendment Act, 1975 was enacted to exclude
judicial review in election disputes involving the
Prime Minister. The Apex court held that power
of judicial review cannot be taken away as it is
key to democracy.
Statement 2 is correct: The Supreme Court struck down the two laws as unconstitutional, and re-instated the collegium process.