Civil Services Prep

Prelims 2020 · Polity and Constitution · Question 35

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

  1. the Preamble of the Constitution
  2. a Directive Principle of State Policy
  3. the Seventh Schedule
  4. the conventional practice

Answer

a Directive Principle of State Policy

  • (a) Preamble: The Preamble speaks of justice, liberty, equality, etc., but it does not specifically enjoin separation of judiciary from executive. Verdict: Incorrect.
  • (b) Directive Principle of State Policy: Article 50 in the DPSP directs the State to take steps to separate the judiciary from the executive in the public services of the State. Verdict: Correct.
  • (c) Seventh Schedule: The Seventh Schedule distributes legislative subjects between Union and States; it does not contain this injunction. Verdict: Incorrect.
  • (d) Conventional practice: In India, this is a constitutional directive, not merely a convention. Verdict: Incorrect.
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