The question (13 marks)
"Separation of the judiciary from the executive in India was never achieved once and kept; it was reached, lost and reached again." Discuss this statement by following the course of separation from the Mughal arrangement to the Constitution, and explain the present position under Article 50. (13 marks)
MU Module III, separation of powers and Article 50; pack ch. 03.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Courts under the Constitution; Rule of Law, Independence of the Judiciary and Separation of Powers of History of Courts, Legislature and Legal Profession.
Authorities you will need
- Article 50
- Article 233
- Article 235
- Article 145
- Article 146
- Act of Settlement 1781
- Saroop Chand's Case
- Kamaluddin's Case (1775)
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.