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Q95 (IAS/2020) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Directive Principles framework Official Key

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

Result
Your answer: —  Âˇ  Correct: B
Explanation

The correct answer is Option 2. The separation of the judiciary from the executive is a fundamental principle enshrined in Article 50 of the Indian Constitution, which falls under Part IV: Directive Principles of State Policy (DPSP). This article mandates that the State shall take steps to separate the judiciary from the executive in the public services of the State to ensure judicial independence.

The rationale behind other options is as follows:

  • Option 1: The Preamble emphasizes justice, liberty, and equality but does not explicitly mention the functional separation of these organs.
  • Option 3: The Seventh Schedule deals with the division of legislative powers between the Union and States through three lists; it does not dictate the structural separation of powers.
  • Option 4: While it is a constitutional convention in some democracies, in India, it is a codified constitutional mandate under DPSP, further reinforced by the Criminal Procedure Code (1973).
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Q. In India, separation of judiciary from the executive is enjoined by [A] the Preamble of the Constitution [B] a Directive Principle of S…
At a glance
Origin: Mostly Current Affairs Fairness: Low / Borderline fairness Books / CA: 0/10 ¡ 10/10
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This is a 'Polity 101' Sitter. It tests basic literacy of the Constitution's text (Article 50). If you got this wrong, stop reading advanced current affairs and go back to memorizing the Article numbers of Part III and Part IV.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
In India, does the Preamble of the Constitution enjoin separation of the judiciary from the executive?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"50. Separation of judiciary from executive.—The State shall take steps to separate the judiciary from the executive in the public services of the State."
Why this source?
  • Contains the exact constitutional provision (Article 50) that commands separation of the judiciary from the executive.
  • Shows separation is stated as a Directive Principle of State Policy, i.e., a specific article, not wording of the Preamble.
Web source
Presence: 4/5
"The Preamble read with the Directive Principles of State Policy presents the socio-economic goals of the Constitution."
Why this source?
  • Explains the relationship between the Preamble and the Directive Principles, indicating that policy goals (like separation) are set out in the Directive Principles rather than the Preamble alone.
  • Supports reading that separation is part of Directive Principles framework rather than a direct injunction of the Preamble.

Exploring Society:India and Beyond ,Social Science-Class VII . NCERT(Revised ed 2025) > Chapter 10: The Constitution of India — An Introduction > LET'S REMEMBER > p. 220
Strength: 5/5
“• Æ There are three organs of government—legislature, executive and judiciary—and the 'separation of powers' is essential to their effective working.• Æ The legislature makes the laws.• Æ The law is implemented by the executive, which is headed by the prime minister.• Æ The judiciary ensures that all laws made are in accordance with the Constitution. It also decides whether a law has been broken and what punishment is necessary.• Æ We have a three-tier system of government—central, state and local (Panchayati raj system).• Æ Some functions and responsibilities are reserved for the central government, and others are assigned to the state government.”
Why relevant

Explicitly states 'separation of powers' is essential and lists legislature, executive and judiciary as distinct organs.

How to extend

A student could check the exact wording of the Preamble and compare whether it expressly uses or implies 'separation of judiciary from the executive'.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 142
Strength: 5/5
“Indian Constitution at Work "While there can be no two opinions on the need for the maintenance of judicial independence, ...it is also necessary to keep in view one important principle. The doctrine of independence is not to be raised to the level of a dogma so as to enable the judiciary to function as a kind of super -legislature or super executive. The judiciary is there to interpret the Constitution or adjudicate upon the rights..." Alladi Krishnaswami Ayyar, CAD, Vol. XI, p. 837, 23 November 1949 During the period 1967 and 1973, this controversy became very serious.”
Why relevant

Discusses the doctrine of judicial independence and cautions against elevating it to a dogma, showing that independence of judiciary is a recognized constitutional principle.

How to extend

A student could look up whether the Preamble or other constitutional provisions explicitly enshrine judicial independence or merely imply it.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 141
Strength: 4/5
“Thus, the Parliament is supreme in making laws and amending the Constitution, the executive is supreme in implementing them while the judiciary is supreme in settling disputes and deciding whether the laws that have been made are in accordance with the provisions of the Constitution. Despite such clear cut division of power the conflict between the Parliament and judiciary, and executive and the judiciary has remained a recurrent theme in Indian politics. We have already mentioned the differences that emerged between the Parliament and the judiciary over right to property and the Parliament's power to amend the Constitution. Let us recapitulate that briefly: Immediately after the implementation of the Constitution began, a controversy arose over the Parliament's power to restrict right to property.”
Why relevant

Describes functional division: Parliament makes laws, executive implements, judiciary settles disputes—illustrating practical separation of roles among organs.

How to extend

A student could compare this functional division with the Preamble's stated objectives to see if the Preamble mandates that institutional separation.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 3: THE PHILOSOPHY OF THE CONSTITUTION > EVERY Constitution has a philosophy of its own. > p. 22
Strength: 4/5
“The importance and utility of the Preamble has been pointed out in several decisions of our Supreme Court. Though, by itself, it is not enforceable in a court of law,<sup>3</sup> the Preamble to a written Constitution states the objects which the Constitution seeks to establish and promote and also aids the legal interpretation of the Constitution where the language is found to be ambiguous. The Preamble to our Constitution serves, two purposes: • (a) it indicates the source from which the Constitution derives its authority;• (b) it also states the objects which the Constitution seeks to establish and promote. As has been already explained, the Constitution of India, unlike the preceding Government of India Acts, is not a gift of the British.”
Why relevant

Explains the Preamble states the Constitution's objects and aids interpretation but is not itself a directly enforceable provision.

How to extend

A student could use this to infer that even if the Preamble expressed separation, its role in legally 'enjoining' separation might be limited without supporting constitutional articles.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2020 TEST PAPER > p. 758
Strength: 3/5
“1 Select the correct answer using the code given below: Ca) I and 2 only (b) 3 and 4 only Ce) 1,2 and 3 only Cd) 1,2 and 4 only • 4. Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination? • (a) Right against Exploitation• (b) Right to Freedom • (c) Right to Constitutional Remedies • (d) Right to Equality • 5. In India, separation of judiciary from the executive is enjoined by • (a) the Preamble of the Constitution • (b) a Directive Principle of State Policy • Cc) the Seventh Schedule • (d) the conventional practice • (t.”
Why relevant

Presents a multiple-choice question asking which part of the Constitution enjoins separation of judiciary from the executive, listing the Preamble as one option—showing this is a debated/asked issue.

How to extend

A student could use this to motivate checking authoritative answers (court rulings or textbooks) to see whether the Preamble is treated as the source of that principle.

Statement analysis

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Statement analysis

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Statement analysis

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