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

Debate Summary

Draft Article 39A (Article 50 of the Constitution of India, 1950) saw three particular days of extensive debating and analysing – November 24, 1948, November 25, 1948 and December 10, 1948. The Assembly debated whether the separation of powers provision should insist on the separation of all the institutions of state – the executive, legislature and judiciary or only separation between the executive and the judiciary. The debate considered whether the parliamentary or presidential form of government was appropriate for India and assessed the place of the separation of powers principles in these models. The interplay between impartial administration of justice and the importance of constitutionally providing for separation of powers was discussed. 

 

The Assembly emphasised the need to maintain effective judicial independence. The original draft proposed contained a three year time frame to implement effective separation of powers. This way done away with. The separation of the judiciary and the executive was concluded to be a necessary inclusion to uphold and maintain the concept and the idea of justice.  The directive principle separating the judiciary from the executive in the public services of the state was then adopted.