Q. 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

Answer: (b) a Directive Principle of State Policy

Notes:
  • Separation of powers is the division of the legislative, executive, and judicial functions of government among separate and independent bodies.
    • The Legislature makes laws, the Executive puts those laws into effect, and the Judiciary administers justice by interpreting the law and ensuring that the law is upheld.
    • The purpose of separation is to limit the possibility of arbitrary excesses by the government.
    • Separation of powers also prevents misuse of power or accumulation of power in a few hands, which thereby safeguards the society from arbitrary and irrational power of the state.
  • Article 50 of the Indian Constitution, which falls under the Directive Principles of State Policy, explicitly calls for the state to take steps to separate the judiciary from the executive in the public services of the state.
    • This is aimed at ensuring the independence of the judiciary, reducing the potential for bias or influence from the executive branch, and maintaining the integrity of the legal system.
Origin and evolution of the doctrine of separation of powers: 
  • The first modern formulation of the doctrine of separation of power was given by the French political philosopher Montesquieu in The Spirit of Laws, 1748. Inspired by the English constitution, Montesquieu argued that liberty is most effectively safeguarded by the separation of powers.
  • Later, The United States Constitution gave the doctrine of separation of powers in substance for the very first time where its provisions
    • Article I granted powers to the legislature.
    • Article II gave executive power to the President.
    • Article III created an independent judiciary.
  • In this spirit, the Constituent Assembly, while drafting the Indian Constitution, debated on inserting the provision ‘There shall be complete separation of powers as between the principal organs of the State-the Legislative, the Executive, and the Judiciary’ as one of the Directive Principles of the State Policies. 
  • Finally, Article 50 was inserted, which gave for the State to take steps to separate the Judiciary from the Executive in the public services of the State.