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

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

the Preamble of the Constitution
a Directive Principle of State Policy
the Seventh Schedule
the conventional practice
This question was previously asked in
UPSC IAS – 2020
The separation of judiciary from the executive in India is mandated by Article 50 of the Constitution. Article 50 states: “The State shall take steps to separate the judiciary from the executive in the public services of the State.” This provision is contained in Part IV of the Constitution, which deals with the Directive Principles of State Policy (DPSPs). While not legally enforceable, this principle guides the State in its governance and lawmaking.
A) The Preamble: Contains ideals but not specific mandates for separation of powers.
B) A Directive Principle of State Policy: Article 50 is a DPSP.
C) The Seventh Schedule: Deals with the distribution of legislative powers between the Union and States.
D) The conventional practice: While separation is practiced, it is based on the constitutional directive in Article 50 and judicial pronouncements, not merely convention.
– Article 50 mandates the separation of the judiciary from the executive.
– Article 50 is a Directive Principle of State Policy.
Historically, under British rule, there was a considerable overlap between executive and judicial functions, particularly at the district level (e.g., District Magistrate exercising both executive and judicial powers). Article 50 aims to achieve complete separation to ensure the independence of the judiciary, which has been implemented over time by various state governments.
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