Question map
In India, separation of judiciary from the executive is enjoined by
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).
PROVENANCE & STUDY PATTERN
Guest previewThis 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.
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?
- 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)?
- Statement 3: In India, does the Seventh Schedule of the Constitution enjoin separation of the judiciary from the executive?
- Statement 4: In India, is separation of the judiciary from the executive enjoined by conventional practice (constitutional convention)?
- 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.
- 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.
Explicitly states 'separation of powers' is essential and lists legislature, executive and judiciary as distinct organs.
A student could check the exact wording of the Preamble and compare whether it expressly uses or implies 'separation of judiciary from the executive'.
Discusses the doctrine of judicial independence and cautions against elevating it to a dogma, showing that independence of judiciary is a recognized constitutional principle.
A student could look up whether the Preamble or other constitutional provisions explicitly enshrine judicial independence or merely imply it.
Describes functional division: Parliament makes laws, executive implements, judiciary settles disputes—illustrating practical separation of roles among organs.
A student could compare this functional division with the Preamble's stated objectives to see if the Preamble mandates that institutional separation.
Explains the Preamble states the Constitution's objects and aids interpretation but is not itself a directly enforceable provision.
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.
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.
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.
- 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.
- 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.
- 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.
Defines Directive Principles as constitutional instructions or recommendations to the State (legislative, executive and administrative organs).
A student could check whether a Directive Principle textually addresses 'separation of judiciary from the executive' since DPs are aimed at guiding those organs.
States Directive Principles are in Part IV and are non‑justiciable (not enforceable by courts).
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.
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.
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.
Notes the Constitution embodies a 'delicate principle of limited separation of powers' with checks and balances and instances of judicial involvement in executive administration.
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.
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.
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.
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- 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).
- 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.
Explains that the Seventh Schedule enumerates legislative subjects in three lists (distribution of legislative powers between Union and States).
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.
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.
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.
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).
Use this prompt to verify authoritative sources (Constitution text, authoritative commentaries) to confirm or refute the option.
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.
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).
Supreme Court observations assert a 'broad separation of powers' under the Constitution, implying the separation doctrine is rooted elsewhere in constitutional structure and jurisprudence.
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.
This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
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- 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.
- 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.
- 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.
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.
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.
Explains the principle of separation of powers among legislature, executive and judiciary as an essential working rule.
Combine this doctrinal statement with knowledge of Indian practice to see whether separation is achieved by written rules or by accepted conventions.
Defines judicial independence as non‑interference by executive/legislature and judges acting without fear or favour — a functional rule related to separation.
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.
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.
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.
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.
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.
This statement analysis shows book citations, web sources and indirect clues. The first statement (S1) is open for preview.
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- [THE VERDICT]: Absolute Sitter. Direct lift from Article 50 (Part IV of Constitution). Covered in every standard source (Laxmikanth Ch: DPSP, NCERT Class XI).
- [THE CONCEPTUAL TRIGGER]: The 'Directive Principles of State Policy' (Articles 36–51) and their classification (Liberal-Intellectual Principles).
- [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).
- [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.
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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.
- 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
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.
- 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
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.
- 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
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.
- 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
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.
- 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
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.
- 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
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.
- 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
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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?'
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 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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