Q. 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?

  • 1 only
  • 2 only
  • Both 1 and 2
  • Neither 1 nor 2

Answer: (b) 2 only

Notes:
  • The thirty-ninth Amendment of the Constitution of India; enacted on 10th August 1975, placed the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts.
    • It was passed during the Emergency of 1975–1977.
    • This amendment act removed the authority of the Supreme Court to adjudicate petitions regarding elections of the President, Vice President, Prime Minister and Speaker of the Lok Sabha.
    • Instead, a body constituted by Parliament would be vested with the power to resolve such election disputes.
  • The ninty-ninth Constitutional Amendment of India would have established the National Judicial Appointments Commission.
    • The National Judicial Appointments Commission (NJAC) was a body tasked with appointing judges to the higher judiciary in India.
    • Article 124 of the Constitution was amended through the 99th Amendment to reflect the change in the system of appointments from the collegium system.
    • But, in 2015, the Constitution Bench of Supreme Court by 4:1 majority upheld the collegium system and struck down the NJAC as unconstitutional.
Forty-Fourth Amendment Act, 1978
  • Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years).
  • Restored the provisions with regard to the quorum in the Parliament and state legislatures.
  • Omitted the reference to the British House of Commons in the provisions pertaining to the parliamentary privileges.
  • Gave constitutional protection to publication in a newspaper of true reports of the proceedings of the Parliament and the state legislatures.
  • Empowered the president to send back once the advice of the cabinet for reconsideration. But, the reconsidered advice is to be binding on the president.
  • Deleted the provision which made the satisfaction of the president, governor, and administrators final in issuing ordinances.
  • Restored some of the powers of the Supreme Court and high courts.
  • Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.
  • Made the President to declare a national emergency only on the written recommendation of the cabinet.
  • Made certain procedural safeguards with respect to a national emergency and President’s rule.
  • Deleted the right to property from the list of Fundamental Rights and made it only a legal right.
  • Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency.
  • Omitted the provisions which took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister and the Speaker of the Lok Sabha.

Also Read: Important Amendments in Indian Constitution