QUES . “Constitutional morality is the fulcrum which acts as an essential check upon the high functionaries and citizens alike…”
In view of the above observation of the Supreme Court, explain the concept of constitutional morality and its application to ensure balance between judicial independence and judicial accountability in India. Answer in 250 words.15 marks. UPSC MAINS 2025 GS PAPER 2
HINTS:
Constitutional morality entails adherence to constitutional norms that enable the practice of the Constitution not only in letters but also in spirit. Constitutional morality, though not explicitly mentioned in our Constitution, is inherent in its foundational principles of justice, liberty, equality, and fraternity.
According to Dr. B.R. Ambedkar, Constitutional morality is necessary for the peaceful working of a democratic Constitution. However, it is not a natural sentiment. It has to be cultivated.
Concept of Constitutional Morality
Supremacy of Constitution: The concept of Constitutional Morality upholds rule of law above all institutions and ensures that no individual, institution, or authority, however high, is above constitutional limits.
Spirit of the Constitution: Constitutional Morality is beyond legal text and is spirit of the Constitution, guiding the conduct of institutions and individuals.
Democratic principles, restraint & accountability: The concept of Constitutional Morality mandates institutional discipline and restraint by all constitutional functionaries. Thus, acts as a check on abuse of power by all constitutional functionaries.
Protection of fundamental rights: Constitutional Morality protects fundamental rights.
Equality & dignity: The concept of Constitutional Morality has a transformative vision and it goes beyond societal prejudices to realize constitutional ideals of equality and dignity.
Application of Constitutional Morality to ensure Judicial Independence
Protection from executive-legislative influence: Constitutional morality mandates an independent judiciary free from executive-legislative influence. It ensures judicial appointments and transfers remain free from political influence.
Shielding judges from arbitrary dismissal: Constitutional morality protects judges’ security of tenure, fixed service conditions, and maintains the collegium’s primacy. The judiciary’s role as final interpreter of the Constitution requires this independence to check governmental excesses.
Strengthens judicial review: Constitutional morality justifies strong judicial review to protect constitutional values and strike down unconstitutional laws.
Fostering judicial independence: By emphasizing adherence to constitutional values, it helps judges remain independent from populist pressures, allowing them to deliver bold verdicts based on law and evidence rather than public opinion.
Ensuring just outcomes: Constitutional morality allows judges to fulfill their role by delivering justice according to the established legal and ethical standards of the Constitution, even if such verdicts are met with public disapproval.
Application of Constitutional Morality to ensure Judicial Accountability
Constitutional morality ensures judges aren’t above accountability. It acts as an “ethical compass”.
Preventing judicial overreach: Constitutional Morality limits the jurisdiction of PILs and expects courts to exercise self-restraint.
Ensuring reasoned judgments: Constitutional Morality ensure decisions are rooted in constitutional principles and open to scrutiny.
Ensuring public scrutiny: The Supreme Court (2024 ruling) allowed good-faith criticism of judges, balancing independence with accountability.
Establishing transparency mechanisms: Live-streaming of proceedings (initiated in Gujarat High Court, 2018) and publication of collegium resolutions.
Preventing arbitrary actions: Review or curative petitions and in-house codes of conduct create checks on misconduct and arbitrary actions of the judges.
Limiting abuse of contempt powers: Constitutional Morality establishes that contempt powers to be used for public trust and not for personal privilege.
Application of Constitutional Morality to Ensure Balance Between Judicial Independence and Judicial Accountability
Constitutional morality ensures a balance between judicial independence and accountability by providing a moral framework rooted in constitutional values like equality, liberty, and justice, which guides the judiciary.
Constitutional morality ensures that judicial independence does not slip into absolutism and that accountability does not devolve into executive control. While independence protects against executive and legislative overreach, constitutional morality also demands that judges adhere to ethical standards and legal principles, preventing arbitrary power and maintaining public trust through internal mechanisms and external scrutiny where necessary.
Conclusion:
Constitutional morality serves as a moral boundary that helps the judiciary maintain its independence while remaining tied up to its duty to uphold constitutional values, ensuring a delicate and necessary balance.
