In the Constitution of India, separation of the judiciary from the executive is specifically enjoined by which of the following?

Difficulty: Easy

Correct Answer: Directive Principle

Explanation:


Introduction / Context:
Separation of powers is a key feature of democratic constitutions, including the Constitution of India. One important aspect is the separation of the judiciary from the executive so that courts can decide disputes independently. This question checks whether you know that this idea is expressly mentioned as a Directive Principle of State Policy rather than only in the Preamble or schedules.


Given Data / Assumptions:

  • The topic is the separation of the judiciary from the executive in India.
  • The question asks which source in the Constitution specifically enjoins this separation.
  • The options include the Preamble, judicial decisions, Directive Principles, and the Seventh Schedule.
  • We assume basic familiarity with different parts of the Constitution of India.


Concept / Approach:
Article 50 of the Constitution of India is located in Part IV, which covers Directive Principles of State Policy. Article 50 directs the State to separate the judiciary from the executive in the public services of the State. This is a directive to the government, not an immediately enforceable right, but it expresses a clear constitutional goal. The Preamble sets broad values, judicial decisions interpret the Constitution, and the Seventh Schedule allocates subjects between Union and States, but the explicit direction for separation is in the Directive Principles.


Step-by-Step Solution:
Step 1: Recall that Article 50 in Part IV deals with separation of the judiciary from the executive. Step 2: Recognise that Part IV consists of Directive Principles of State Policy. Step 3: Compare this with the Preamble, which expresses broad aims like justice, liberty, equality, and fraternity but does not specifically mention separation of judiciary and executive. Step 4: Judicial decisions may support and enforce the idea, but they are not the original source of the directive. Step 5: The Seventh Schedule lists the Union, State, and Concurrent Lists of subjects, and does not itself enjoin separation. Step 6: Therefore, the correct answer is that this separation is enjoined by a Directive Principle.


Verification / Alternative check:
To verify, remember that Directive Principles guide how the State should create laws and policies. Article 50 is often quoted in discussions about judicial independence. It clearly says that the State shall take steps to separate the judiciary from the executive. This is different from rights directly enforceable in courts but still reflects a strong constitutional commitment, confirming that the concept belongs under Directive Principles.


Why Other Options Are Wrong:
The Preamble mentions justice and rule of law values but does not directly state the principle of separation of judiciary and executive. Judicial decisions interpret and apply the Constitution, yet they are not the part where the original directive is written. The Seventh Schedule deals with division of legislative powers and has no specific clause on separation of judiciary and executive.


Common Pitfalls:
A frequent mistake is to assume that any important constitutional principle must be in the Preamble. While the Preamble is important, many specific directives like Article 50 are located in other parts. Another pitfall is confusing the enforceable Fundamental Rights of Part III with the non justiciable but important Directive Principles of Part IV. Remembering that separation of judiciary and executive is expressly directed by Article 50 in the Directive Principles helps you answer related questions correctly.



Final Answer:
Separation of the judiciary from the executive is expressly enjoined by a Directive Principle in the Constitution of India.

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