ARTICLE 50

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Article 50 of the Indian Constitution embodies a crucial directive that outlines the State’s commitment to promoting the separation of powers between the judiciary and the executive. As a part of the Directive Principles of State Policy, this article emphasizes the need to foster a harmonious relationship between these two vital pillars of governance. By upholding the principle of judicial independence and ensuring the executive’s cooperation in upholding judicial decisions, It aims to establish a just and impartial system of governance that safeguards the rule of law in India. In this article, we explore the significance and implications of Article 50 in reinforcing the democratic fabric of the nation and preserving the integrity of its judiciary.

What does Article 50 states ?

Separation of judiciary from executive

  • The State shall take steps to separate the judiciary from the executive in the public services of the State

Elements of separation of power

  1. Legislation
  • The legislature is the branch of government that enacts or creates laws and formulates policies for the nation or state. Sometimes, people refer to it as the rule-making body.
  • According to the Indian Constitution, the legislature in India comprises the Parliament and the State Assembly. The Indian Parliament consists of two houses: Lok Sabha (the lower house) and Rajya Sabha (the upper house). The state legislature consists of two houses: Vidhan Parishad (the upper house) and Vidhan Sabha (the lower house).
  • The law elects the President and Vice President and has the authority to impeach the President of the country.

2. Executive

  • The executive branch is a major government entity. The executive executes and implements state and national laws established by the legislative arm of government.
  • The executive includes the President, Prime Minister, and state governors. There are nominal executives and actual executives in the parliamentary form of governance. The President is the nominal executive and has constitutionally authorized executive power. The Council of Ministers advises the President, and the Ministers execute these authorities.
  • The political executive and the permanent executive are both members of the executive. The heads of the state and executive departments are the political executive or ministers. The people of the country choose ministers for a five-year term and hold them accountable to the public for their acts.
  • Permanent executives (non-political executives) are government officials who are not part of any political executive. They work for government ministries and are in charge of the government’ regular operations and the state’s peace and order.

3. Judiciary

  • The judiciary is the branch that evaluates the legislature’s laws. It safeguards the rights of all citizens, dispenses justice, and resolves disputes. The Supreme Court, high courts, district courts, and all other lower and subordinate courts compose the judiciary. The rulings of the Supreme Court and High Courts are binding on all lower courts. The judiciary interprets and applies existing laws; it does not create new ones.
  • In situations of disagreement between the Centre and the state, between the state and its residents, or between the states, the judiciary is the sole entity with the authority to intervene and render a judgement. The judiciary requires all public and corporate entities to follow its rulings. The Indian judiciary upholds the Constitution, safeguards human rights, and fosters national unity and peace. It serves as a check and balance on the legislative and executive branches of government.

Landmark cases regarding Article 50

Rai Sahib Ram Jawaya Kapur and Ors. v. The State of Punjab (1955)

In this instance, the Supreme Court ruled that strict application of the idea of separation of powers is not essential. The court reasoned this, as it found that the duties of all three organs are adequately separated.

Gurdial Singh S/O Jagat Singh v. The State (1956)

It was noticed that Article 50 necessitates the state to take appropriate efforts to maintain distinct executive and judicial branches in the state’s public services. The objective is to guarantee the maintenance of a distinct executive and judicial branches of government in the state’s public services.

Indira Nehru Gandhi v. Shri Raj Narain & Anr. (1975)

In this instance, the claim asserted that the separation of powers is the fundamental framework or core component of the Constitution and that the judiciary must resolve any disagreements involving the determination of legal rights.

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