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Consider the following statements

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

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.