Q. In India, separation of judiciary from the executive is enjoined by
a) the Preamble of the Constitution
b) a Directive Principle of State Policy
c) the Seventh Schedule
d) the conventional practice
Correct Answer : a) Directive Principle of State Policy
Question from UPSC Prelims 2020 GS Paper
Explanation:
Directive Principles of State Policy
The Directive Principles of State Policy are guidelines or principles set out in Part IV of the Constitution of India, which are not enforceable by any court but are considered fundamental in the governance of the country. The aim of these principles is to establish a social order characterized by social, economic, and political justice.
Article 50 and the Separation of Judiciary from the Executive
Article 50 of the Indian Constitution, which falls under the Directive Principles of State Policy, explicitly calls for the state to take steps to separate the judiciary from the executive in the public services of the state. This is aimed at ensuring the independence of the judiciary, reducing the potential for bias or influence from the executive branch, and maintaining the integrity of the legal system.
Therefore, the correct answer to the question is b) a Directive Principle of State Policy, as it is Article 50 of the Constitution that enjoins the separation of judiciary from the executive.
Source: Article 50 in Constitution of India (indiankanoon.org)
