UPSC Prelims 2020 Q5: Indian Polity – Directive Principles Of State Policy
- (a) the Preamble of the Constitution
- (b) a Directive Principle of State Policy
- (c) the Seventh Schedule
- (d) the conventional practice
Answer: (b) a Directive Principle of State Policy
Explanation
Separation of Judiciary from Executive: Constitutional Source
| Potential Source | Is it the basis for J-E separation? |
|---|---|
| Preamble | Aspirational, not enforceable legal provision |
| Directive Principle of State Policy (Article 50) | YES - explicitly directs separation |
| Seventh Schedule | Lists divisions of legislative power between Union and States |
| Conventional practice | Can guide but not legally binding |
Article 50 (Part IV - Directive Principles) explicitly states: 'The State shall take steps to separate the judiciary from the executive in the public services of the Union and of the States.'
This is a directive to be followed by the State, not immediately enforceable but binding as a state policy goal. India has progressively implemented this since 1993 onwards (District Judges Act Amendment, creation of district courts as independent entities).
Answer: (b) a Directive Principle of State Policy.
Why each option is right or wrong
- (a) Incorrect. Preamble is aspirational and non-justiciable - Article 50 is the specific DPSP.
- (b) CORRECT. Article 50 in Part IV (DPSP) directs the State to separate the judiciary from the executive.
- (c) Incorrect. Seventh Schedule deals with division of legislative powers (Union List, State List, Concurrent List), not J-E separation.
- (d) Incorrect. Convention is not the source; Article 50, a Directive Principle, enjoins the separation.
Key point
Article 50 (DPSP): 'State shall separate judiciary from executive.' DPSPs are non-justiciable directives guiding State policy - unlike Fundamental Rights which are immediately enforceable. India implemented J-E separation gradually post-1993.
Remember
Separation of judiciary from the executive in India is enjoined by Article 50, which is a Directive Principle of State Policy. This is not an immediately enforceable Fundamental Right but a directive that guides the State in formulating its policies.
Common mistakes
- Confusing Preamble with Directive Principles. Preamble is a preamble, not a legal directive.
- Assuming J-E separation is a Fundamental Right (Part III). It is a Directive Principle (Part IV), so not enforceable in courts directly.
- Missing that India's J-E separation is still partial - district judges were appointed by State Governments until 2008; now by independent selection committees.
Exam tip
Directives vs FR: DPSPs (Part IV) guide State policy but are not enforceable; FR (Part III) are enforceable. J-E separation is a DPSP (Article 50), not an FR. India has been implementing this since 1993 (creation of District Judiciary as independent body).
Sources
- Constitution of India - Article 50 (Directive Principles of State Policy)
- District Judges (Conditions of Service and Tenure) Act, 1992