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?

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Correct answer: 2 only. Statement 1 is incorrect: It was the 39th Constitutional Amendment (1975), passed during the Emergency, that placed elections for key offices like Prime Minister beyond judicial review. The 44th Amendment (1978) reversed several provisions of the 42nd Amendment, restoring civil liberties and the right to property. Polity 177 Statement 2 is correct: The 99th Constitutional Amendment aimed to establish the National Judicial Appointments Commission (NJAC). But in 2015, the Supreme Court struck it down, affirming the collegium system. Justice JS Kehar, who was part of the bench that struck down the NJAC, emphasized that NJAC undermined the judicial independence which is crucial for safeguarding citizens’ rights. Collegium System in India: The Collegium System is used for the appointment and transfer of judges in the Supreme Court and High Courts. It is not mentioned in the Constitution but evolved through Supreme Court rulings. 95

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