Difficulty: Easy
Correct Answer: Directive Principles of State Policy
Explanation:
Introduction / Context:
The Indian Constitution seeks to create an independent judiciary that is free from executive influence, especially in matters of justice delivery and criminal prosecution. The question asks where this idea of separating the judiciary from the executive is expressly mentioned. Understanding this helps learners connect constitutional text with institutional design and the rule of law principle.
Given Data / Assumptions:
Concept / Approach:
Article 50 of the Constitution is part of the Directive Principles of State Policy. It directs the State to take steps to separate the judiciary from the executive in the public services of the State. Although Directive Principles are not justiciable, they are fundamental in the governance of the country and guide legislative and administrative action. This specific directive clearly links separation of powers to the independence of the judiciary at the subordinate court level.
Step-by-Step Solution:
Step 1: Recall that Article 50 deals with separation of judiciary from executive.
Step 2: Recognise that Article 50 is placed in Part IV of the Constitution.
Step 3: Part IV is titled Directive Principles of State Policy, not Fundamental Rights or Schedules.
Step 4: Match this information with the options to identify Directive Principles of State Policy as the correct choice.
Verification / Alternative check:
Standard polity texts clearly state that Article 50, under Directive Principles, enjoins separation of the judiciary from the executive. While Supreme Court decisions have strengthened judicial independence, the explicit textual direction is found in Part IV, not in the Preamble or Seventh Schedule. This confirms that the correct provision is the Directive Principles of State Policy.
Why Other Options Are Wrong:
Judicial decisions of the Supreme Court: Judicial pronouncements interpret and expand constitutional principles but do not themselves constitute the original textual directive. Provisions in the Seventh Schedule: This Schedule divides subjects between Union and States; it does not directly address judicial independence. The Preamble: It mentions justice, liberty, equality, and fraternity but does not explicitly talk about separation of judiciary and executive. Fundamental Rights chapter: These rights protect individuals against State action but do not contain Article 50 or the specific directive in question.
Common Pitfalls:
Learners sometimes assume that any important principle must come from Fundamental Rights or the Preamble. However, important structural and governance directives are often placed in the Directive Principles. Another mistake is to underplay the constitutional importance of Directive Principles because they are non justiciable, even though they strongly influence policy and judicial interpretation.
Final Answer:
Directive Principles of State Policy
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