Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

Practice Mode:
65.

According to Article 50, the state shall take steps to :

A: separate the judiciary from the executive in the public services of the state
B: separate functioning of judiciary from the executive
C: separate the powers of judiciary from the executive
D: separate the powers of judiciary from the legislature.

The answer is: A

Explanation

The correct option is A: Separate the judiciary from the executive in the public services of the state.

This is the exact wording of Article 50 of the Indian Constitution, which is a directive principle of state policy. It means that the state should ensure that the judicial branch of the government is independent and impartial from the executive branch, which is responsible for implementing and enforcing the laws. This is done to prevent the abuse of power, protect the rights of the citizens, and uphold the rule of law.

Some additional information that you might find interesting :

- The separation of powers is a doctrine that divides the functions of the government into three branches: the legislative, the executive, and the judicial. Each branch has its own powers and responsibilities, and checks and balances the other branches to prevent tyranny.

- The Indian Constitution does not explicitly provide for the separation of powers, but it implies it through various provisions and principles. For example, the executive is derived from the legislature, but is accountable to it; the judiciary has the power of judicial review, but is subject to parliamentary control; and the president has the power of ordinance, but is bound by the advice of the council of ministers.

- The separation of judiciary from the executive is one of the aspects of the separation of powers, and it is considered essential for ensuring judicial independence and impartiality. However, in India, the complete separation of judiciary from the executive has not been achieved, as there are still some areas where the executive exercises control or influence over the judiciary, such as appointments, transfers, promotions, and disciplinary actions of judges and magistrates.