Q. “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.
UPSC Mains 2025 GS2 Paper
Model Answer:
Constitutional Morality: Balancing Judicial Independence and Accountability
Constitutional morality, though not explicitly mentioned in our Constitution, is inherent in its foundational principles of justice, liberty, equality, and fraternity. Dr. B.R. Ambedkar emphasized it as essential for democratic functioning, describing it as “paramount reverence for constitutional forms.” The Supreme Court in Government of NCT of Delhi vs. Union of India (2018) equated it with the Constitution’s spirit itself.
Core Tenets of Constitutional Morality:
• Supremacy of Constitution – It upholds rule of law above all institutions and ensures constitutional values prevail over popular morality
• Protection of fundamental rights – Even against majoritarian impulses, as seen in Navtej Singh Johar (decriminalizing homosexuality) and Sabarimala (women’s entry)
• Democratic principles – Mandates institutional discipline and restraint by all constitutional functionaries
• Transformative vision – Goes beyond societal prejudices to realize constitutional ideals of equality and dignity
Application to Judicial Independence:
Constitutional morality mandates an independent judiciary free from executive-legislative influence. This principle manifested when the Supreme Court struck down the NJAC Act, reasoning that executive involvement in judicial appointments compromises independence – a basic structure element. It 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.
Ensuring Judicial Accountability:
Simultaneously, constitutional morality ensures judges aren’t above accountability. It acts as an “ethical compass” preventing:
• Judicial overreach – Limits PIL jurisdiction, Master of Roster powers
• Arbitrary actions – Through review/curative petitions, in-house mechanisms
• Abuse of contempt powers – As public trust, not personal privilege
• Lack of transparency – Collegium resolutions now public
The impeachment proceedings against Justice Ramaswami (though unsuccessful) underscored that even highest functionaries face accountability.
Conclusion: Constitutional morality creates the “Lakshman Rekha” ensuring judiciary remains independent yet accountable, sustaining democracy’s delicate balance.
