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UPSC Prelims 2020 · Polity · Directive Principles & Duties
In India, separation of judiciary from the executive is enjoined by
- (a) the Preamble of the Constitution
- (b) a Directive Principle of State Policy
- (c) the Seventh Schedule
- (d) the conventional practice
Show the answer and explanation
Answer: (b) a Directive Principle of State Policy
Article 50, Part IV (DPSP).
The idea
Part IV has a few “institutional” directives besides the socio-economic ones: Art. 40 village panchayats, Art. 44 uniform civil code, Art. 48A environment, Art. 50 separation of judiciary, Art. 51 international peace. The CrPC, 1973 carried out Art. 50 by separating judicial magistrates from executive ones.
Why the others are wrong
(a) The Preamble lists ideals (justice, liberty, equality, fraternity), not institutional arrangements.
(c) The Seventh Schedule divides legislative subjects between Union and States.
(d) It is written into the text, so it is more than a convention.
The trap
Separation of powers feels like a “basic structure” idea, so people pick the Preamble. The text says it in Art. 50.
🔒 Art. 50 = separate judiciary from executive (DPSP). Art. 51 = promote international peace (DPSP).
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