Question

Separation of judiciary from Executive is guaranteed in constitution under Article

• A. 19
• B. 21
• C. 48-A
• D. 50

Hint:

While Directive Principles (Part IV) are not enforceable in courts like Fundamental Rights (Part III), they are fundamental in the governance of the country. Remember key DPSPs like Article 40 (Panchayats), Article 44 (Uniform Civil Code), Article 48A (Environment), and Article 50 (Separation of Judiciary).

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks for the specific article in the Constitution of India that guarantees the separation of the judiciary from the executive. This principle is a cornerstone of the independence of the judiciary.

Step 2: Key Legal Provision:
Part IV of the Constitution of India contains the Directive Principles of State Policy (DPSP). These are principles that the state should aim to achieve.

Step 3: Detailed Explanation:
- Article 50 of the Constitution is part of the DPSP and it explicitly states: "The State shall take steps to separate the judiciary from the executive in the public services of the State." This article provides the constitutional mandate for ensuring that judicial functions are not exercised by executive officers, thus securing the independence of the judiciary.
The other options are incorrect:
- Article 19 guarantees certain fundamental freedoms like freedom of speech and expression.
- Article 21 guarantees the right to life and personal liberty.
- Article 48-A is also a DPSP, but it directs the state to protect and improve the environment and to safeguard forests and wildlife.

Step 4: Final Answer:
The separation of the judiciary from the executive is guaranteed under Article 50 of the Constitution.