“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. Introduction

“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.

Introduction

The Supreme Court has observed that constitutional morality is the guiding principle to ensure that constitutional values override arbitrary use of power. It is not mere adherence to constitutional provisions, but respect for its spirit—justice, liberty, equality, and fraternity. In the judicial context, it provides a framework to balance independence of the judiciary with the need for accountability in a democracy.

 

Concept of Constitutional Morality

• Coined by B.R. Ambedkar: "It means adherence to the core principles and values of the Constitution beyond the literal text."
• Emphasizes rule of law, checks on authority, and protection of individual rights.
• Prevents degeneration of democracy into majoritarianism or arbitrariness.

 

Judicial Independence and Accountability: The Dilemma

• Judicial Independence: Essential for impartial justice; insulated from executive/legislative pressures (Article 50, security of tenure, salaries).
• Judicial Accountability: Judiciary must be answerable for misconduct, corruption, or the arbitrary exercise of powers, as it wields public trust.
• Tension arises: Absolute independence may lead to an unaccountable judiciary; excessive accountability may erode independence.

Application of Constitutional Morality

• Collegium vs NJAC (2015): SC struck down NJAC, citing a threat to independence, but emphasised transparency in collegium functioning.
• Impeachment Provisions (Art. 124(4)): Ensures accountability while respecting independence.
• Contempt of Court Power: Must be exercised with restraint; constitutional morality demands balancing the dignity of the court with freedom of speech.
• Judicial Review: Courts review executive/legislative excesses, but constitutional morality requires self-restraint to avoid judicial overreach.
• Code of Conduct & RTI Act (2019): SC ruling brought the CJI office under RTI, reflecting accountability in line with constitutional values.

Conclusion

Constitutional morality acts as a moral compass ensuring that judiciary neither becomes an unaccountable oligarchy nor succumbs to external pressure. A careful balance—through institutional transparency, judicial restraint, and adherence to constitutional values—ensures that independence and accountability coexist in harmony, strengthening India’s democratic fabric.

 Note: This model Answer for Reference Purpose only