Question

Separation of the judiciary from the executive is enjoined by the ________________.
A) Preamble
B) Directive principles
C) Seventh Schedule
D) Judicial decision

Answer 1

Hint: It is necessary to know what the Judiciary and the executive are in order to approach this question. Judiciary as defined by the constitution is a system of courts that interprets, defends, and applies the law. The judiciary can also be viewed as a vehicle for resolving disagreements. On the other hand, the executive can be defined as the branch of government that is in charge of enforcing the law and overseeing the state's governance. The executive is responsible for enforcing the law as enacted by the legislature and interpreted by the courts.

Complete answer:
The Indian Constitution's Article 50 separates the executive from the judiciary. Although not justifiable, the constitution defines a set of State Policy Directive Principles that are "important for the rule of the country," and when laws are enacted it is the responsibility of the state to make provision for these.

The Constitution stipulates a number of guiding principles, while not just justifiable, which are "important to national governance," and it is the responsibility of the State to adopt those principles when passing legislation.

The freedom of the judiciary is a crucial aspect of the Rule of Law, which is a fundamental feature of the Indian Constitution. Not only must the judiciary be free of governmental pressure, but it must also be free of other pressures. The directive principles of state policy enjoin the separation of judiciary from the executive.

Thus the correct answer is option ‘B’.

Note: The separation of the Judiciary as a whole (including the Higher and Subordinate Judiciaries) from the Executive is envisioned in Article 50 of the Indian Constitution. Further in simple language the article provides that in the state's public services, there should be a distinction between the judicial and the executive branch of government since it is easier if they don't interfere with each other's work and operate independently.