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Why are Judiciary & Executive Separate? This Happened in Constituent Assembly...

What led to the separation of powers? Why were some people against it? And why did it still prevail?

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Law
6 min read
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"At first glance, the (Constituent) Assembly’s debates on the Judicial provisions seem to have been disproportionately concerned with the administrative aspects...and more pertinently, with the mechanism for choosing judges. A closer look, however, shows that the members’ interest in these apparently routine matters...was prompted by the desire to insulate the courts from attempted coercion by forces within or outside the government. (emphasis added)."

– Granville Austin, The Indian Constitution: Cornerstone of a Nation

Article 39A, which eventually became Article 50 of the Constitution of India, provides for separation of the judiciary from the executive.

Article 50 of the Constitution of India: The State shall take steps to separate the judiciary from the executive in the public services of the State.

But this provision was not adopted without significant debate.

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