UPSC Prelims 2019 · GS Paper I
Question 45: Polity and Governance
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?
AnswerUPSC’s answer is (b).
Only statement 2 is correct. The election of the Prime Minister was placed beyond judicial review by the 39th Amendment (1975) through Article 329A; the 44th Amendment (1978) removed that provision, so statement 1 is false. In 2015 the Supreme Court struck down the 99th Amendment and the National Judicial Appointments Commission Act as violating the independence of the judiciary and the basic structure.
- 1. The 39th Amendment did this, and the 44th Amendment undid it.
- 2. The 99th Amendment was struck down in 2015.
How you could have got this
- If you were sure statement 1 is not correct, (a) and (c) go: each of them includes 1.
What you needed to know: The 39th Amendment did this, and the 44th Amendment undid it.
- Then, if you were sure statement 2 is correct, (d) goes: it leaves 2 out.
What you needed to know: The 99th Amendment was struck down in 2015.
Only (b) is left. This one needs every statement.
Which options go is worked out from UPSC’s key and the options, not by a model.
Why each option is right or wrong
- (a) The 44th Amendment removed such a provision, so statement 1 is false.
- (b) Correct: the Supreme Court struck down the 99th Amendment in 2015.
- (c) Statement 1 is false.
- (d) Statement 2 is true.
Answer: UPSC’s key. Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 2019, General Studies Paper I, Series A. The paper on upsc.gov.in.