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Question 19 of 46 · DPSP & Fundamental Duties
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The Directive Principle that directs the State to take steps to separate the judiciary from the executive in the public services of the State is:

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Answer: Option A — Article 50

Detailed Solution

Article 50 directs the State to take steps to separate the judiciary from the executive in the public services of the State.

Why separation is needed:

  • In British India, district officers (such as the Collector or District Magistrate) often exercised both executive and judicial powers.
  • This meant that the same officer who was responsible for maintaining law and order and collecting revenue could also try criminal cases.
  • Such a system could lead to the misuse of power and injustice, because the executive could influence judicial decisions.
  • The separation of the judiciary from the executive ensures that judges are independent and impartial.

How it has been implemented:

  • The Code of Criminal Procedure, 1973, separated the judicial magistrates from the executive magistrates.
  • Judicial magistrates, who try criminal cases, are now under the control of the High Courts.
  • Executive magistrates, such as the District Magistrate and the Sub-Divisional Magistrate, deal with matters such as law and order and preventive action.
  • The new criminal procedure law, the Bharatiya Nagarik Suraksha Sanhita (2023), has continued this separation.

Independence of the judiciary:

The Constitution has several other provisions to ensure the independence of the judiciary:

  • The judges of the Supreme Court and High Courts are appointed in consultation with the judiciary (through the collegium system).
  • They can be removed only by a special process of Parliament on the grounds of proved misbehaviour or incapacity.
  • Their salaries are charged on the Consolidated Fund and cannot normally be reduced during their term.
  • Their conduct cannot be discussed in the legislature, except in the case of their removal.
  • The Supreme Court has held that the independence of the judiciary is part of the basic structure of the Constitution.

Classification:

Article 50 is classed among the liberal-intellectual principles.

Why not the other options?

  • ✗Article 49 deals with the protection of monuments; Article 48A with the environment; Article 46 with the interests of the weaker sections.

Quick tip

Remember: Article 50 = separation of the judiciary from the executive (implemented by the Code of Criminal Procedure, 1973).

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DPSP & Fundamental Duties — Preparation

This question tests your understanding of DPSP & Fundamental Duties, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers the Directive Principles of State Policy in Part IV (Articles 36-51), borrowed from the Irish Constitution, and the Fundamental Duties in Part IV-A (Article 51A), added on the recommendation of the Swaran Singh Committee by the 42nd Amendment in 1976. Questions often ask which article contains a directive (Article 44 on a uniform civil code, Article 40 on village panchayats, Article 45 on early childhood care), how DPSP differ from Fundamental Rights (they cannot be enforced in court), and how many Fundamental Duties there are now (eleven, after the 86th Amendment added the eleventh in 2002). Practise the DPSP and Fundamental Duties questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.

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