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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:  ·  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).
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
54%
got it right
PROVENANCE & STUDY PATTERN
Full view
Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
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

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 2
In India, is separation of the judiciary from the executive enjoined by a Directive Principle of State Policy (Part IV of the Constitution)?
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?
  • Passage is from an official Constitution text and reproduces Article 50, which is in Part IV (Directive Principles).
  • It explicitly states the State obligation to take steps to separate the judiciary from the executive.
Web source
Presence: 5/5
"Separation of judiciary from executive. THE CONSTITUTION OF INDIA (Part IV.—Directive Principles of State Policy.— Arts. 48A—51.)"
Why this source?
  • Passage is a Part IV extract of the Constitution and lists 'Separation of judiciary from executive' among Part IV provisions.
  • Confirms that separation of judiciary from executive is presented within the Directive Principles chapter.
Web source
Presence: 4/5
"separation of Judiciary from Executive and promotion of international peace and security are the guiding stars of Part IV."
Why this source?
  • Passage describes the guiding aims of Part IV and specifically names 'separation of Judiciary from Executive' as one of Part IV's 'guiding stars'.
  • Supports the characterization that separation is enjoined by the Directive Principles.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > FEATURES OF THE DIRECTIVE PRINCIPLES > p. 108
Strength: 4/5
“1. The phrase 'Directive Principles of State Policy' denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters. According to Article 36, the term 'State' in Part IV has the same meaning as in Part III dealing with Fundamental Rights. Therefore, it includes the legislative and executive organs of the central and state governments, all local authorities and all other public authorities in the country. • 2. The Directive Principles resemble the 'Instrument of Instructions' enumerated in the Government of India Act of 1935.”
Why relevant

Defines Directive Principles as constitutional instructions or recommendations to the State (legislative, executive and administrative organs).

How to extend

A student could check whether a Directive Principle textually addresses 'separation of judiciary from the executive' since DPs are aimed at guiding those organs.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > IDirective Principles of State Policy > p. 30
Strength: 4/5
“a IDirective Principles of State Policy According to Dr. B.R. Ambedkar, the Directive Princ iples of State Policy is a 'novel feature' of the Indian Constitution. They are enumerated in Part IV of the Constitution. They ca n be classified into three broad categoriessocia listic, Gandhian and liberal-intell ectual. The Directive Principles are meant for promoting the ideal of social and economic democracy. They seek to establish a 'welfare state' in India. However, unlike the Fundamental Rights, the directives are 11011 justiciable in nature, that is, they are not enforceable by the courts for their violation.”
Why relevant

States Directive Principles are in Part IV and are non‑justiciable (not enforceable by courts).

How to extend

If separation were a Directive Principle, this implies it would be a non‑justiciable guideline rather than a court‑enforceable constitutional mandate—so one can look for its placement (Part IV) and judicial decisions treating it as non‑justiciable.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 9: Directive Principles of State Policy > DIRECTIVE PRINCIPLES OF STATE POLICY > p. 177
Strength: 4/5
“PART IV of the Constitution [Articles 36-51] contains the Directive Principles of State Policy. Classification of the Directives. As shown in Table VI, these principles may be classified under several groups: (i) Certain ideals, particularly economic, which, according to the framers of the Constitution, the State] should strive for. (ii) Certain directions to the Legislature and the Executive intended to show in what manner the State should exercise their legislative and executive powers. (iii) Certain rights of the citizens, which shall not be enforceable by the courts like the "Fundamental Rights" are, but which the State shall nevertheless aim at securing, by regulation of its legislative and administrative policy.”
Why relevant

Classifies DPs as (ii) directions to the Legislature and the Executive about how the State should exercise power, and (iii) non‑enforceable citizen 'rights' the State should aim to secure.

How to extend

A student can use this pattern to ask whether 'separation of judiciary from executive' fits as a direction to State organs (category ii) and then inspect Part IV text or examples.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 141
Strength: 3/5
“There are many other instances in which the Supreme Court actively involved itself in the administration of justice by giving directions to executive agencies. Thus, it gave directions to CBI to initiate investigations against politicians and bureaucrats in the hawala case, the Narasimha Rao case, illegal allotment of petrol pumps case etc. You may have heard about some of these cases. Many of these instances are the products of judicial activism. The Indian Constitution is based on a delicate principle of limited separation of powers and checks and balances. This means that each organ of the government has a clear area of functioning.”
Why relevant

Notes the Constitution embodies a 'delicate principle of limited separation of powers' with checks and balances and instances of judicial involvement in executive administration.

How to extend

Using this, a student could compare the constitutional practice of separation (limited) with any DP that might call for fuller separation to see if such a DP exists or whether separation is treated elsewhere in the Constitution.

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

Contains a multiple‑choice test item that asks which source enjoins separation of judiciary from the executive, listing 'a Directive Principle of State Policy' as an option.

How to extend

This indicates the question is disputed/commonly asked; a student could use it to motivate checking authoritative texts (Part IV articles) or judicial pronouncements to verify whether any DP actually states this.

Statement 3
In India, does the Seventh Schedule 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?
  • Direct text of the Constitution (Article 50) states the State shall take steps to separate the judiciary from the executive.
  • This shows the constitutional directive for separation exists in the Constitution text itself (Article 50).
Web source
Presence: 4/5
"The Seventh Schedule of the Constitution and its three constituent lists form the backbone of legislative power allocation between the Centre and the States."
Why this source?
  • Explains the subject-matter of the Seventh Schedule: it 'and its three constituent lists form the backbone of legislative power allocation between the Centre and the States.'
  • Implies the Seventh Schedule deals with legislative distribution of powers rather than enacting the Directive Principle on separation of judiciary and executive.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 24: DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS > CHAP. 24] DISTRIBUTION OF LEGISLATIVE AND EXECUTIVE POWERS 377 > p. 377
Strength: 5/5
“II. As regards the subjects of legislation, the Constitution adopts from the Government. of India Act, 1935, a threefold distribution of legislative powers. Distribution of between the Union and the States [Article 246). While in the Legislative Subjects. . United States and Australia, there is only a single enumeration of powers,-only the powers of the Federal Legislature . Being enumerated-in . Canada there . is a double enumeration, and the Government of India Act, 1935, introduced a scheme of threefold enumeration, namely, Federal, Provincial . and Concurrent. The Constitution adopts this scheme from the Act of 1935 by enumerating possible subjects of legislation under three Legislative Lists in Seventh Schedule of the Constitution (see Table XIX)." - .”
Why relevant

Explains that the Seventh Schedule enumerates legislative subjects in three lists (distribution of legislative powers between Union and States).

How to extend

A student could check the actual text of the Seventh Schedule to see whether it addresses separation of organs (judiciary vs executive) or only legislative subjects, thereby testing the statement.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > Reasons > p. 599
Strength: 4/5
“While introducing this amendment biB in the Parliament, the Government of India gave the following reasons for making this amendment to the Constitution of India: • 1. Demands have been made from time to times in certain quarters for strengthening and amending the Anti-defection Law as contained in the Seventh Schedule, on the ground that these provisions have not been able to achieve the desired goal of checking defections. The Seventh Schedule has also been criticised on the ground that it allows bulk defections while declaring individual defections as illegal.”
Why relevant

Shows the Seventh Schedule is referred to in the context of the Anti‑defection law, indicating the Schedule contains substantive legislative/subject-matter provisions rather than a general rule on separation of powers.

How to extend

Compare the kinds of provisions found in the Seventh Schedule (e.g., anti‑defection references) with what a clause enjoining judicial‑executive separation would look like to assess plausibility.

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

Contains an exam question listing the Seventh Schedule as one option for what 'enjoins separation of judiciary from the executive', showing that some sources present this as a candidate answer (right or wrong).

How to extend

Use this prompt to verify authoritative sources (Constitution text, authoritative commentaries) to confirm or refute the option.

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: 4/5
“• 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

States the general doctrine: three organs of government and that 'separation of powers' is essential to their working — clarifies what 'separation' would mean if present in constitutional provisions.

How to extend

With this definition, a student can examine whether the Seventh Schedule's content addresses separation of powers as defined (distinct functions of legislature, executive, judiciary).

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 28: Judicial Activism > Supreme Court Observations > p. 307
Strength: 4/5
“While delivering a judgement in December 2007, the Supreme Court of India called for judicial restraint and asked courts not to take over the functions of the legislature or the executive, saying there is a broad separation of powers under the Constitution and each organ of the state must have respect for others and should not encroach on others' domain. In this context, the concerned Bench of the court made the following observations. • 1. The Bench said, "We are repeatedly coming across cases where judges are unjustifiably trying to perform executive or legislative functions. This is clearly unconstitutional. In the name of judicial activism, judges cannot cross their limits and try to take over functions which belong to another organ of the state." • 2.”
Why relevant

Supreme Court observations assert a 'broad separation of powers' under the Constitution, implying the separation doctrine is rooted elsewhere in constitutional structure and jurisprudence.

How to extend

A student could contrast where separation doctrine appears in case law or constitutional text versus whether the Seventh Schedule (a legislative-subject list) is the source.

Statement 4
In India, is separation of the judiciary from the executive enjoined by conventional practice (constitutional convention)?
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?
  • This passage is from the text of the Constitution of India (Directive Principles) and explicitly mandates separation.
  • It shows the State is required by constitutional provision (Article 50) to take steps to separate the judiciary from the executive, not merely by convention.
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?
  • This source reproduces the same constitutional provision (Article 50) stating the State must take steps to separate judiciary and executive.
  • Confirms the separation is enjoined by the Constitution (Directive Principles) rather than described as a mere conventional practice.
Web source
Presence: 2/5
"It is a conventional practice that the senior most judge of the Supreme Court to hold the office of the Chief Justice."
Why this source?
  • Notes that conventional practice (a constitutional convention) exists in some judicial matters (e.g., seniority in appointing the Chief Justice).
  • But it does not state that separation of judiciary from the executive is based on convention; instead it illustrates that certain appointment practices are conventional.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > Appointment of Judges > p. 127
Strength: 4/5
“The appointment of judges has never been free from political controversy. It is part of the political process. It makes a difference who serves in the Supreme Court and High Court— a difference in how the Constitution is interpreted. The political philosophy of the judges, their views about active and assertive judiciary or controlled and committed judiciary have an impact on the fate of the legislations enacted. Council of Ministers, Governors and Chief Ministers and Chief Justice of India — all influence the process of judicial appointment. As far as the appointment of the Chief Justice of India (CJI) is concerned, over the years, a convention had developed whereby the senior-most judge of the Supreme Court was appointed as the Chief Justice of India.”
Why relevant

States that certain judicial appointment practices developed as conventions (e.g., seniority convention for appointment of CJI), showing that constitutional conventions operate in senior judicial matters.

How to extend

A student could infer that if conventions govern high‑level judicial appointments, similar conventions might exist about institutional separation and then check historical practice or authoritative commentary.

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: 4/5
“• 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

Explains the principle of separation of powers among legislature, executive and judiciary as an essential working rule.

How to extend

Combine this doctrinal statement with knowledge of Indian practice to see whether separation is achieved by written rules or by accepted conventions.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > Independence of Judiciary > p. 125
Strength: 5/5
“Simply stated independence of judiciary means that • ± the other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice.• ± the other organs of the government should not interfere with the decision of the judiciary.• ± judges must be able to perform their functions without fear or favour. Independence of the judiciary does not imply arbitrariness or absence of accountability. Judiciary is a part of the democratic political structure of the No fisticuffs please, this is rule of law! READ A CARTOON”
Why relevant

Defines judicial independence as non‑interference by executive/legislature and judges acting without fear or favour — a functional rule related to separation.

How to extend

Use this rule to inspect whether independence is secured by constitutional text or by conventions in appointments, transfers and administration to judge if separation is conventionally enforced.

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 28: Judicial Activism > Supreme Court Observations > p. 307
Strength: 4/5
“While delivering a judgement in December 2007, the Supreme Court of India called for judicial restraint and asked courts not to take over the functions of the legislature or the executive, saying there is a broad separation of powers under the Constitution and each organ of the state must have respect for others and should not encroach on others' domain. In this context, the concerned Bench of the court made the following observations. • 1. The Bench said, "We are repeatedly coming across cases where judges are unjustifiably trying to perform executive or legislative functions. This is clearly unconstitutional. In the name of judicial activism, judges cannot cross their limits and try to take over functions which belong to another organ of the state." • 2.”
Why relevant

Court observations describe a 'broad separation of powers under the Constitution' and warn against encroachment, indicating the idea is treated as a constitutional principle in judgments.

How to extend

A student can compare the Court's reliance on separation as constitutional principle with actual administrative/appointment practices to assess whether separation functions via convention or constitutional command.

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

Includes a multiple‑choice question listing 'the conventional practice' as one of the possible answers for what enjoins separation of judiciary from executive, showing that convention is considered a plausible source in study materials.

How to extend

This signals that textbooks treat convention as a candidate source; a student could follow up by checking primary constitutional text and historical practice to verify which source is correct.

Pattern takeaway: The examiner frequently tests the distinction between 'Constitutional Philosophy' (Preamble) and 'Constitutional Mandates' (Articles). When a specific action is 'enjoined' (commanded), look for a specific Article rather than the broad text of the Preamble.
How you should have studied
  1. [THE VERDICT]: Absolute Sitter. Direct lift from Article 50 (Part IV of Constitution). Covered in every standard source (Laxmikanth Ch: DPSP, NCERT Class XI).
  2. [THE CONCEPTUAL TRIGGER]: The 'Directive Principles of State Policy' (Articles 36–51) and their classification (Liberal-Intellectual Principles).
  3. [THE HORIZONTAL EXPANSION]: Memorize the 'High-Value' DPSPs: Art 40 (Panchayats/Gandhian), Art 44 (UCC/Liberal), Art 45 (Early Childhood Care), Art 50 (Separation of Judiciary), Art 51 (International Peace). Know which ones were added by the 42nd Amendment (e.g., 39A, 43A, 48A).
  4. [THE STRATEGIC METACOGNITION]: UPSC loves 'Location Games'. They take a concept (e.g., Justice, Liberty, Separation) and ask 'Where does this live?' (Preamble vs. FR vs. DPSP vs. FD). Always map keywords to their specific Part in the Constitution.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Separation of Powers
💡 The insight

Separation of powers is the constitutional principle that legislature, executive and judiciary perform distinct functions.

High-yield for UPSC because many questions test the theory of separation vs. checks-and-balances in India; it links to federalism, constitutional design and institutional conflicts. Mastery lets you analyze whether provisions or text (e.g., Preamble, Articles) create strict separation or a system of checks.

📚 Reading List :
  • 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
  • Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 141
🔗 Anchor: "In India, does the Preamble of the Constitution enjoin separation of the judicia..."
📌 Adjacent topic to master
S1
👉 Judicial Independence and Judicial Review
💡 The insight

Judicial independence and the power of judicial review are the functional manifestations of separating judicial authority from executive/legislative control.

Crucial for questions on constitutional safeguards for the judiciary, landmark judgments, and the balance between courts and other branches. Understanding this enables answers on scope of courts' powers, conflicts with Parliament/executive, and limits of judicial activism.

📚 Reading List :
  • Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 142
  • Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > Conclusion > p. 144
  • Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 4: WORKING OF INSTITUTIONS > 4.4 THE JUDICIARY > p. 70
🔗 Anchor: "In India, does the Preamble of the Constitution enjoin separation of the judicia..."
📌 Adjacent topic to master
S1
👉 Preamble: Interpretive Role and Legal Status
💡 The insight

The Preamble expresses constitutional objectives and aids interpretation, but its legal enforceability and scope must be understood separately from substantive provisions.

Essential for answering whether the Preamble itself can 'enjoin' specific constitutional principles; connects to judicial interpretation, Kesavananda-era jurisprudence and the distinction between normative text and enforceable provisions. This helps in questions on constitutional interpretation and text vs. intent.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > PREAMBLE AS PART OF THE CONSTITUTION > p. 47
  • 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
🔗 Anchor: "In India, does the Preamble of the Constitution enjoin separation of the judicia..."
📌 Adjacent topic to master
S2
👉 Directive Principles (Part IV) — non‑justiciability and purpose
💡 The insight

Directive Principles are non‑enforceable constitutional instructions aimed at guiding the State in legislative and administrative matters to achieve social and economic democracy.

High‑yield for UPSC because questions often test the nature, scope and enforceability of Directive Principles and their relationship with Fundamental Rights; mastering this helps answer essay, polity and constitutional law questions on state obligations and judicial review.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > IDirective Principles of State Policy > p. 30
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 9: Directive Principles of State Policy > DIRECTIVE PRINCIPLES OF STATE POLICY > p. 177
🔗 Anchor: "In India, is separation of the judiciary from the executive enjoined by a Direct..."
📌 Adjacent topic to master
S2
👉 Separation of powers — limited separation and checks & balances
💡 The insight

The Constitution adopts a limited separation of powers with checks and balances among legislature, executive and judiciary rather than a rigid compartmentalisation.

Important for questions on institutional design, judicial activism and the judiciary's supervisory role; understanding limited separation clarifies why the judiciary may direct executive action and how powers interplay across organs.

📚 Reading List :
  • Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 141
  • 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
🔗 Anchor: "In India, is separation of the judiciary from the executive enjoined by a Direct..."
📌 Adjacent topic to master
S2
👉 Directives outside Part IV and inter‑part harmony
💡 The insight

Some constitutional directives appear outside Part IV and the Constitution must be read as a whole, affecting administrative policies such as appointments for SCs/STs.

Useful for tackling nuanced UPSC questions on the location and applicability of constitutional obligations; helps identify when policy directives derive from other Parts (e.g., Article 335) and how courts interpret cross‑Part duties.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > DIRECTIVES OUTSIDE PART IV > p. 117
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 9: Directive Principles of State Policy > DIRECTIVE PRINCIPLES OF STATE POLICY > p. 177
🔗 Anchor: "In India, is separation of the judiciary from the executive enjoined by a Direct..."
📌 Adjacent topic to master
S3
👉 Separation of Powers (Legislature, Executive, Judiciary)
💡 The insight

The issue asks whether a constitutional instrument enforces separation between the judiciary and the executive, which is a core separation-of-powers question.

This is high-yield for UPSC because questions routinely probe judicial independence, judicial review, and limits on each organ. Mastery helps answer conflicts between Parliament, executive and courts, and frames issues like judicial activism versus restraint.

📚 Reading List :
  • 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
  • Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 142
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 28: Judicial Activism > Supreme Court Observations > p. 307
🔗 Anchor: "In India, does the Seventh Schedule of the Constitution enjoin separation of the..."
🌑 The Hidden Trap

While Article 50 mandates separation, the actual implementation happened via the Criminal Procedure Code (CrPC), 1973, which separated Executive Magistrates (DM/SDM) from Judicial Magistrates. The 'Shadow Question' could be: 'Which Act formally operationalized Article 50?'

⚡ Elimination Cheat Code

Use the 'Function Filter': The 7th Schedule (Option C) distributes power between *Centre and State* (Federalism), not between *Organs of State* (Separation of Powers). The Preamble (Option A) is the 'Identity Card' (Philosophy), not the 'Rule Book' (Injunctions). Convention (Option D) is too weak for such a massive structural pillar. DPSP is the only 'Instruction' manual left.

🔗 Mains Connection

Mains GS-2 (Separation of Powers): Use Article 50 to argue that while India has a 'functional overlap' (Executive makes rules, Legislature judges impeachment), the core judicial function is constitutionally firewalled. Contrast this with the 'Tribunalisation' debate where the Executive is accused of encroaching on Article 50.

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SIMILAR QUESTIONS

IAS · 2025 · Q55 Relevance score: 4.91

Consider the following pairs : Provision in the Constitution of India I. Separation of Judiciary from the Executive in the public services of the State II. Valuing and preserving of the rich heritage of our composite culture III. Prohibition of employment of children below the age of 14 years in factories Stated under I. The Directive Principles of the State Policy II. The Fundamental Duties III. The Fundamental Rights How many of the above pairs are correctly matched?

NDA-II · 2018 · Q90 Relevance score: 4.56

Which one of the following is not a part of the Directive Principles of State Policy as enshrined in the Constitution of India?

CDS-II · 2021 · Q52 Relevance score: 3.93

The provision, ‘the State shall take steps to separate the Judiciary from the Executive in the public services of the State’ is incorporated in which part of the Constitution of India ?

IAS · 2015 · Q83 Relevance score: 1.23

"To uphold and protect the Sovereignty, Unity and Integrity of India" is a provision made in the

IAS · 2014 · Q55 Relevance score: 1.21

In the Constitution of India, promotion of international peace and security is included in the