Question 1 from UPSC CSE 2020 - POLITY & GOVERNANC E

Question

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

IASCODEX · Accepted Answer

Correct Option: B. a Directive Principle of State Policy

Strategy: - Identify the specific constitutional provision concerning the separation of the judiciary from the executive.
- Eliminate irrelevant constitutional references such as the Preamble, Seventh Schedule, and conventional practices.
- Confirm Article 50 of the Directive Principles explicitly mandates this separation.

Key Info: ## Separation of Judiciary from Executive

Article 50 of the Constitution of India, found under Part IV--Directive Principles of State Policy (DPSP), explicitly articulates the separation of the judiciary from the executive. This article directs the State to implement steps ensuring this separation in public services. The primary goal is to safeguard judicial independence, prevent executive interference in judicial matters, and promote impartial justice.

## Directive Principles of State Policy (DPSP)

Outlined in Articles 36-51, DPSPs are non-justiciable guidelines for State governance. They reflect socialistic, Gandhian, and liberal-intellectual principles. While not enforceable by courts, Article 37 declares them fundamental in the governance of the country.

## Other Constitutional References

*   **Preamble:** Articulates broad objectives like justice, liberty, equality, and fraternity but does not specify institutional arrangements for judiciary-executive separation.
*   **Seventh Schedule:** Details the division of legislative powers between the Union and States across three lists (Union, State, and Concurrent). It does not address the separation of judiciary and executive.
*   **Conventional Practices:** While influential in certain contexts, they lack constitutional sanction for the separation of the judiciary and executive in India.

The explicit constitutional mandate for the separation of the judiciary and executive in India originates solely from Article 50.

IASCODEX · Answer

Option A: the Preamble of the Constitution

IASCODEX · Answer

Option C: the Seventh Schedule

IASCODEX · Answer

Option D: the conventional practice