UPSC Prelims 2020 · Question 35 of 100

UPSC Prelims 2020 question on Judiciary Executive Separation

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

  1. the Preamble of the Constitution
  2. a Directive Principle of State Policy
  3. the Seventh Schedule
  4. the conventional practice
Show answer

Answer: B. a Directive Principle of State Policy

Verdict

Correct answer: a Directive Principle of State Policy → Option (b).

Analysis

Directive Principles of State Policy can be classified into three broad categories: socialistic, Gandhian and liberal–intellectual.

Socialistic Principles: reflect the ideology of socialism. They lay down the framework of a democratic socialist state aimed at providing social and economic justice.

Gandhian Principles: based on Gandhian ideology, representing the programme of reconstruction enunciated by Gandhi during the national movement.

Liberal–Intellectual Principles: represent the ideology of liberalism, including: uniform civil code (Article 44); early childhood care and education (Article 45); organisation of agriculture and animal husbandry on modern lines (Article 48); protection and improvement of environment (Article 48A); protection of monuments (Article 49); separation of judiciary from the executive in the public services of the State (Article 50); promotion of international peace and security (Article 51).

Statement by statement

Option (a) – INCORRECT: The Preamble does not enjoin separation of judiciary from the executive.

Option (b) – CORRECT: Article 50, a Directive Principle, directs the State to take steps to separate the judiciary from the executive in the public services of the State.

Option (c) – INCORRECT: The Seventh Schedule deals with division of legislative subjects (Union, State, Concurrent Lists).

Option (d) – INCORRECT: It is not based merely on convention but a constitutional directive.

Extra UPSC info

Article 50 was implemented through the Criminal Procedure Code, 1973 which separated judicial magistrates from executive magistrates.

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