Previous Year Question
In India, separation of Judiciary from the Executive is enjoined by
the Preamble of the Constitution.
a Directive Principle of State Policy.
the Seventh Schedule.
the conventional practice.
Correct Answer: B
Detailed Solution
The express constitutional direction for separating the Judiciary from the Executive is contained in Article 50, which forms part of Part IV—the Directive Principles of State Policy.
Article 50 directs the State to take steps to separate the Judiciary from the Executive in the public services of the State.
The principal objectives of this separation are:
To ensure judicial independence and impartiality.
To protect judicial decisions from improper administrative influence.
To strengthen the separation of powers and the rule of law.
To keep the subordinate Judiciary independent of executive control.
To secure fair hearings and effective judicial protection for individuals.
Article 50 should be understood alongside other provisions concerning the subordinate Judiciary:
Article 233: District judges are appointed by the Governor in consultation with the High Court concerned.
Article 234: Persons other than district judges are appointed to the State judicial service by the Governor after consultation with the State Public Service Commission and the High Court.
Article 235: Control over district and subordinate courts is vested in the High Court.
The Preamble does not expressly direct the separation of the Judiciary from the Executive. The Seventh Schedule distributes legislative subjects between the Union and the States. Nor is this merely a constitutional convention, because the direction is explicitly contained in Article 50.