In India, separation of judiciary from the executive is enjoined by
Contents10
- Athe Preamble of the Constitution
- Ba Directive Principle of State Policy
- Cthe Seventh Schedule
- 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.
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
Article 50 mandates separation of judiciary from executive in public services
Falls under Liberal-Intellectual DPSPs, not Fundamental Rights
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
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
DPSPs are non-justiciable - cannot be enforced in courts
Divided into Socialist, Gandhian, and Liberal-Intellectual categories
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)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
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