In India, separation of judiciary from the executive is enjoined by

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2020, Q45

Contents10
UPSC Prelims GS2020Indian Polity
  1. Athe Preamble of the Constitution
  2. Ba Directive Principle of State Policy
  3. Cthe Seventh Schedule
  4. Dthe conventional practice
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Answer: (B) a Directive Principle of State Policy

The separation of judiciary from the executive is directed by Article 50 of the Constitution, which falls under the Directive Principles of State Policy (DPSP).

Article 50 states: "The State shall take steps to separate the judiciary from the executive in the public services of the State."

This is classified under the "Liberal-Intellectual" category of DPSPs, which also includes provisions like:

  • uniform civil code (Article 44)
  • protection of monuments (Article 49)
  • promotion of international peace (Article 51)

Why not the others?

  • A (Preamble): The Preamble doesn't mention separation of judiciary and executive.
  • C (Seventh Schedule): This deals with the division of subjects between Centre and States (Union, State, Concurrent lists).
  • D (Conventional practice): While it is practiced, its origin is a specific DPSP provision, not just convention.

Answer: B.

Key Takeaway: Separation of judiciary from executive = Article 50 = DPSP. This is a frequently asked fact in UPSC.

Why this was asked

Article 50 mandates separation of judiciary from executive, making it a constitutional directive rather than mere administrative practice.

This falls under Liberal-Intellectual category of DPSPs, which also includes uniform civil code and promotion of international peace.

The question tests precise knowledge of which constitutional part contains separation of powers - a core principle often confused between different sections.

Article 50 & Separation of Judiciary

Indian Polity separation of judiciary executive Article 50

Article 50: Separation of Judiciary from Executive

Must know

Article 50 mandates separation of judiciary from executive in public services

Falls under Liberal-Intellectual DPSPs, not Fundamental Rights

Good to know

States must take steps to separate - not automatic separation

Constitutional Provision

Article 50 states: 'The State shall take steps to separate the judiciary from the executive in the public services of the State.' This creates a constitutional obligation for separation, making it more than mere convention.

DPSP Categories with Examples

Category

Key Articles

Examples

Socialist

39, 41, 42, 47

Right to work, free legal aid, nutrition standards

Gandhian

40, 43, 46, 48

Village panchayats, cottage industries, promotion of weaker sections

Liberal-Intellectual

44, 49, 50, 51

Uniform civil code, monument protection, judiciary separation, international peace

Why This Matters

Ensures judicial independence by preventing executive control over judicial appointments in subordinate courts

Applies to district and subordinate courts where executive magistrates often handle both roles

Directory principle - states should work toward this goal, not immediately enforceable

Exam traps

Trap: Students often think separation is in Fundamental Rights - it's actually a DPSP

Trap: Don't confuse with Article 124-147 (higher judiciary provisions) - Article 50 focuses on subordinate courts

Trap: 'Conventional practice' sounds right but Article 50 makes it a constitutional mandate

Directive Principles Classification & Nature

Indian Polity Directive Principle State Policy

Directive Principles of State Policy: Classification & Key Features

Must know

DPSPs are non-justiciable - cannot be enforced in courts

Divided into Socialist, Gandhian, and Liberal-Intellectual categories

Good to know

Articles 36-51 contain DPSPs in Part IV of Constitution

Aim to establish welfare state and guide government policy

Constitutional Position

DPSPs are fundamental in governance but non-justiciable - meaning citizens cannot approach courts for their enforcement. They serve as constitutional guidelines for policy-making.

DPSP Classification

# Directive Principles (Articles 36-51)
## Socialist Principles
- Right to work (A.41)
- Free legal aid (A.39A)
- Public health (A.47)
- Adequate means of livelihood (A.39)
## Gandhian Principles
- Village panchayats (A.40)
- Cottage industries (A.43)
- Prohibition (A.47)
- Protection of weaker sections (A.46)
## Liberal-Intellectual
- Uniform civil code (A.44)
- Monument protection (A.49)
- Judiciary separation (A.50)
- International peace (A.51)
Exam traps

Trap: DPSPs are non-justiciable but Fundamental Rights are justiciable

Trap: Don't mix up Article 39A (free legal aid - now Fundamental Right under 42nd Amendment) with other DPSPs

Preamble & Seventh Schedule Overview

Indian Polity Preamble Seventh Schedule

Preamble & Seventh Schedule: Key Features for UPSC

Must know

Preamble contains objectives and philosophy, not detailed provisions

Seventh Schedule divides subjects between Centre and States into three lists

Neither contains separation of judiciary from executive

Preamble vs Seventh Schedule

Aspect

Preamble

Seventh Schedule

Purpose

States objectives & philosophy of Constitution

Divides legislative subjects between Centre & States

Content

Justice, Liberty, Equality, Fraternity, Democracy

Union List (97 subjects), State List (66 subjects), Concurrent List (47 subjects)

Legal Status

Part of Constitution (Kesavananda Bharati case)

Operational framework for federalism

Judiciary Separation

Not mentioned

Not covered - deals with legislative subjects only

Why Not These Options

Preamble focuses on broad ideals like justice and democracy - doesn't detail institutional arrangements

Seventh Schedule deals with legislative subjects (who can make laws on what) - not judicial administration

Conventional practice exists but constitutional mandate comes from Article 50