This article is a compilation of Article 50 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;
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|📖 Read This Article in Hindi|
📜 Article 50
|50. Separation of judiciary from executive. — The State shall take steps to separate the judiciary from the executive in the public services of the State.|
The literal meaning of the Directive Principles of State Policy (DPSP) is the principles that guide the policy of the state .
When the constitution was framed, the people had no experience of ruling in a democratic state and making laws in the interest of the country. Especially for the states that were about to take over after a long colonial period.
As we know that it is not mandatory for politicians in our country to be educated . In such a situation, a guide becomes necessary so that the policy makers always know which way to go.
◾ It was not that DPSP was a new idea but it was already working in Ireland and we took it from there.
◾ The Directive Principles of State Policy (DPSP) are the guidelines for making laws and policies for the welfare and development of the citizens. These are included in Part IV of the Indian Constitution.
These principles are non-enforceable, meaning they are not enforceable by the courts, however, are considered fundamental in the governance of the country and must be taken into account by the government while formulating laws and policies.
Overall, policy-directive elements are those elements of democratic and constitutional development whose objective is to establish a public-welfare state.
Classification of DPSP — Below you can see the classification of Directive Principles. This will make it easier for you to understand why the articles you are reading have been included in the DPSP and for what purposes it has been targeted.
|Socialist||⚫ Article 38|
⚫ Article 39
⚫ Article 39A
⚫ Article 41
⚫ Article 42
⚫ Article 43
⚫ Article 43A
⚫ Article 47
|Gandhian||⚫ Article 40|
⚫ Article 43
⚫ Article 43B
⚫ Article 46
⚫ Article 48
|⚫ Article 44|
⚫ Article 45
⚫ Article 48
⚫ Article 48A
⚫ Article 49
⚫ Article 50
⚫ Article 51
Apart from this, the directive elements can also be seen by dividing them into the following groups;
Welfare State Article 38 (1 and 2), Article 39 (B and C), Article 39A, Article 41, Article 42, Article 43, Article 43A and Article 47 are kept in the Policy Directive Principles of this group.
Equality of Dignity & Opportunity Articles 40, 41, 44, 45, 46, 47, 48 and 50 are kept in the policy directive elements of this group.
individual ‘s rights Articles 39A, 41, 42, 43, 45 and 47 are kept in the Policy Directive Principles of this group.
Article 36 to Article 51 comes under Part 4 of the Constitution. In this article we are going to understand Article 50 ;
|Article 50 – Separation of Judiciary from Executive
It is the duty of the state under this article to take steps to separate the judiciary from the executive in the public services of the state.
In India, separation of the judiciary from the executive refers to the separation of the powers and functions of the judiciary from the executive branch of government. This separation is a fundamental principle of the Indian Constitution and aims to ensure the independence and impartiality of the judiciary.
The Indian Constitution provides for the separation of powers between the three branches of government: the executive, the legislature, and the judiciary. The Judiciary is empowered to interpret the constitution and laws, and to hear and decide cases. On the other hand, the executive is responsible for the administration of the country and the implementation of the laws.
The Constitution of India also provides for the establishment of an independent judiciary, which is safe from executive interference. The judiciary is appointed by the President on the advice of the Chief Justice of India and other judges, and can only be removed from office through the process of impeachment.
The constitution also provides for the establishment of a judicial review process, which allows the judiciary to review the actions of the executive and legislature and declare them unconstitutional if they violate the constitution. This helps to ensure that the powers of the executive and legislature are kept in check and the rights of the citizens are protected.
India has a system of judiciary where the High Court and the Supreme Court are separate from the executive. The High Court and the Supreme Court have the power to declare any act of the executive or legislature as unconstitutional. This system helps to ensure that the judiciary acts as a check on the actions of the executive and legislature.
Overall, the separation of the judiciary from the executive in India aims to ensure the independence and impartiality of the judiciary and protect the rights of citizens by providing an independent and impartial body to interpret laws and review the actions of the executive and legislature .
Apart from the separation of powers and the establishment of an independent judiciary, India has several other mechanisms in place to ensure the separation of the judiciary from the executive.
The constitution also provides for the establishment of a legal aid system, which aims to ensure that everyone has access to justice, regardless of financial status. This is important because it helps ensure that the judiciary is accessible to all citizens, not just the wealthy and powerful.
Apart from these constitutional mechanisms, India also has a number of laws and rules to protect the independence of the judiciary. For example, there is a code of conduct for judges that prohibits them from engaging in certain types of conduct that could be perceived as compromising their independence. Additionally, there are laws that prevent the executive from interfering with the administration of justice.
Overall, the separation of the judiciary from the executive in India in state public services aims to ensure the independence and impartiality of the judiciary and protect the rights of citizens by providing an independent and impartial body to interpret laws and review actions Is.
So overall this is Article 50, I hope you have understood. To understand other article, you can use the link given below.
| Related Article
|Hindi Articles||English Articles|
|⚫ अनुच्छेद 49|
⚫ अनुच्छेद 51
|⚫ Article 49|
⚫ Article 51
|⚫ भारतीय संविधान|
⚫ संसद की बेसिक्स
⚫ मौलिक अधिकार बेसिक्स
⚫ भारत की न्यायिक व्यवस्था
⚫ भारत की कार्यपालिका
⚫ Basics of Parliament
⚫ Fundamental Rights
⚫ Judiciary in India
⚫ Executive in India
Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.