Question

Article 50 is part of which section of the Constitution?

• A. Fundamental Duties
• B. Directive Principles of State Policy
• C. Fundamental Rights
• D. Preamble

Answer 1

Answer:

B. Directive Principles of State Policy

Constitutional Framework

• Article 50 is a constituent provision of Part IV of the Constitution of India.
• This part covers Directive Principles of State Policy (DPSP), spanning from Article 36 to Article 51.

Core Provisions of Article 50

• It mandates the separation of the judiciary from the executive in the public services of the State.
• The objective is to ensure judicial independence and prevent executive interference in the administration of justice at the grassroots level.
• It is rooted in the philosophy of the Rule of Law and ensures that the judiciary functions impartially.

Exam-Relevant Context

• Constitutional Basis: The DPSP is inspired by the Irish Constitution, which in turn was borrowed from the Spanish Constitution.
• Nature: These principles are non-justiciable in nature, meaning they are not legally enforceable by the courts for their violation (Article 37).
• Classification: Although the Constitution does not explicitly classify them, they are generally categorized into:
  • Socialist Principles: Articles 38, 39, 39A, 41, 42, 43, 43A, 47.
  • Gandhian Principles: Articles 40, 43, 43B, 46, 47, 48.
  • Liberal-Intellectual Principles: Articles 44, 45, 48, 48A, 49, 50, 51.
• Historical Significance: Dr. B.R. Ambedkar described the DPSP as a 'Novel Feature' of the Indian Constitution.