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
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.