Q11. “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.
Possible Introductions
Definition-based:
Constitutional morality means adherence to the core values and principles of the Constitution — justice, equality, liberty, and the rule of law — even when they conflict with popular opinion, traditions, or self-interest.
Judicial reference:
In Navtej Singh Johar v. Union of India (2018), the Supreme Court described constitutional morality as the commitment of both State and citizens to constitutional values over societal morality.
Philosophical:
B.R. Ambedkar stressed that without constitutional morality, democracy would be only a “top-dressing on Indian soil,” liable to decay.
Body
1. Concept of Constitutional Morality
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- Beyond legal text: It is the spirit of the Constitution guiding the conduct of institutions and individuals.
- Restraint & accountability: Acts as a check on abuse of power by all constitutional actors.
- Equality & dignity: Protects fundamental rights even against majoritarian impulses.
- Examples in jurisprudence: Kesavananda Bharati (basic structure), Maneka Gandhi (due process), Indian Young Lawyers Association / Sabarimala (gender justice).
2. Judicial Independence vs Judicial Accountability
(a) Judicial Independence
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- Ensures courts are free from executive or legislative interference.
- Protected by provisions such as security of tenure (Arts. 124–125), salaries charged on the Consolidated Fund, and institutional practices like the collegium.
- Essential for upholding the rule of law and fundamental rights.
(b) Judicial Accountability
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- Judges, as constitutional functionaries, are answerable for integrity, impartiality, and fairness.
- Mechanisms include judicial review, impeachment (Art. 124(4)), in-house procedures, and transparency norms (e.g., RTI jurisprudence and the right to know).
3. Application of Constitutional Morality in Balancing the Two
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- Appointments: While the collegium safeguards independence, transparency (e.g., publishing reasons, objective criteria) furthers accountability. Constitutional morality requires both.
- Adjudication & restraint: Judges should exercise calibrated review to avoid overreach, yet intervene robustly to protect rights and basic structure when necessary.
- Conduct & recusals: Safeguards against executive misuse of removal powers coexist with ethical duties of disclosure and recusal to avoid conflicts of interest.
- Transparency & reasons: Speaking orders, reasoned judgments, and timely publication of decisions enhance public trust without compromising independence.
- Recent touchpoints: The NJAC judgment (2015) protected independence while acknowledging the need for procedural reforms; high-profile contempt matters illustrate the need to balance dignity of courts with free expression.
Sweet Spot – Table
| Principle | Judicial Independence | Judicial Accountability | Role of Constitutional Morality |
|---|---|---|---|
| Appointments | Freedom from executive control | Transparent collegium functioning | Balances autonomy with openness |
| Decisions | Protection from political pressures | Reasoned, published judgments | Ensures fairness and public trust |
| Conduct | No external interference | Ethical behaviour, recusal norms | Guides integrity and restraint |
Possible Conclusions
Balanced:
Constitutional morality ensures that judicial independence does not slip into absolutism and that accountability does not devolve into executive control.
Policy-linked:
Transparent collegium processes, stronger in-house accountability mechanisms, and citizens’ right to know can institutionalise this balance.
Philosophical:
As Ambedkar envisioned, constitutional morality is the “cement of democracy,” keeping both citizens and high functionaries committed to the rule of law.
Forward-looking:
For India@2047, nurturing constitutional morality in the judiciary will be vital to sustain public trust, institutional integrity, and democratic resilience.
