Model answer & approach
- "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)
Introduction
Constitutional morality refers to adherence to the core principles and values enshrined in the Constitution—such as rule of law, equality, liberty, accountability, and separation of powers—guiding both institutions and individuals in exercising their authority responsibly. The Supreme Court has upheld it as the ethical foundation ensuring that power is exercised within constitutional limits.
Body
1. Concept of Constitutional Morality: The term, first articulated by Dr. B.R. Ambedkar, implies loyalty not to the whims of the majority or individuals but to the constitutional ethos. It demands that every organ of the State act in harmony with the spirit of the Constitution rather than personal or political considerations.
2. Judicial Independence and Accountability:
- Independence: Constitutional morality safeguards judges from executive and legislative interference, ensuring impartial adjudication. Provisions like Articles 50 and 124–147 reinforce institutional autonomy.
- Accountability: It also mandates judges to remain accountable through ethical conduct, reasoned judgments, transparency in appointments (as seen in the collegium debates), and impeachment provisions under Articles 124(4)–(5).
- Judicial self-restraint and adherence to constitutional values prevent judicial overreach, maintaining institutional equilibrium.
3. Supreme Court’s Interpretation: In cases like Government of NCT of Delhi v. Union of India (2018) and Navtej Singh Johar v. Union of India (2018), the Court held that constitutional morality must prevail over public morality or institutional ego, ensuring justice within constitutional boundaries.
Conclusion
Constitutional morality thus acts as the moral compass that preserves judicial independence while enforcing accountability, sustaining citizens’ trust in the judiciary and upholding the constitutional balance of power in a democracy.
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