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.

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. (10 Marks, 150 Words)

Model Answer

In the Government of NCT of Delhi v. Union of India (2018), the apex court stressed that constitutional morality requires all constitutional functionaries to act within the bounds of the Constitution, upholding democratic values and the rule of law. Hence acting as an essential check upon high functionaries and citizens alike.

Constitutional morality as an essential check upon high functionaries and citizens alike

• Check on arbitrary power: Acts as a restraint on the executive, legislature and the judiciary, preventing misuse of power.
  • Eg: Indira Gandhi vs Raj Narain (1975) nullified the Prime Minister’s election due to misuse of state machinery, invoking constitutional morality.
• Upholding social justice: Protects the rights of individuals and are all rooted in the principles of constitutional morality.
  • Eg: In Navtej Singh Johar Case (2018), the Supreme Court recognized the right to dignity, liberty, and privacy of LGBTQ+ individuals.
• Ethical governance: Constitutional morality ensures rule of law, ethical conduct and accountability in public life.
  • Eg: Prakash Singh case (2006) mandated police reforms to prevent political interference.
  • Eg: In Nabam Rebia v. Deputy Speaker (2016), the Court restrained arbitrary actions by a state governor, upholding democratic accountability
• Protecting democratic integrity: In the ADR v. UOI case (2024), the Supreme court struck down the Electoral bonds scheme, citing violations of voters’ right to information and principles of transparency which is fundamental to constitutional morality.
  • Eg: In the State of Tamil Nadu V. Governor of Tamil Nadu case (2025), the court ruled that the Governor cannot exercise a pocket or absolute veto on bills passed by legislature. The judgement enforces 

Concept of Constitutional Morality

Refers to the adherence and commitment to the Constitution’s fundamental values and principles. It emphasises the necessity of acting in accordance with the essence of the Constitution. Though the Constitution does not explicitly provide for Constitutional morality. 

Key Elements:

• Rule of law
• Separation of powers
• Judicial review and accountability
• Liberty, equality, and fraternity (Preamble values)
• Democratic responsibility

Constitutional Morality In India’s Constitution

• Preamble: The values of justice, liberty, equality, and fraternity form the foundational principles of our democracy and reflect the essence of constitutional morality
• Fundamental Rights (Part-III): They protect the rights of individuals and are all rooted in the principles of constitutional morality.
  • Eg: In Navtej Singh Johar Case (2018), the Supreme Court recognized the right to dignity, liberty, and privacy of LGBTQ+ individuals.
• Directive Principles (Part IV): These principles reflect the aspirations of the people of India and seek to create a just, equal, and humane society.
• Fundamental Duties (Part IV-A): These duties are grounded in the principles of constitutional morality and seek to promote a sense of civic responsibility among citizens.
• Separation of powers: This separation of powers serves as a check on the arbitrary exercise of power by any one branch of government, ensuring that the rule of law is upheld.

Application of Constitutional morality to ensure balance between Judicial Independence and Accountability

• Acts as a Guiding Ethical Compass
  • Constitutional morality ensures that judges act within the spirit of the Constitution rather than personal ideology or populist morality.
  • Example: Navtej Johar (2018) – Court upheld rights against majoritarian morality, showing independence guided by constitutional values.
• Defines Institutional Boundaries
  • By emphasizing separation of powers, it restrains judicial overreach while safeguarding judicial review.
  • Example: Kesavananda Bharati (1973) – Judicial independence upheld but with self-restraint from legislative overreach.
• Infuses Transparency and Accountability
  • Constitutional morality interprets independence not as secrecy, but as responsibility to citizens.
  • Example: Subhash Agarwal (2019) – Office of CJI under RTI, making judiciary accountable without undermining independence.
• Balances Authority with Democratic Freedom
  • It prevents the misuse of contempt powers by reminding courts of constitutional values of free speech.
  • Example: Prashant Bhushan (2020) – Balance between authority and criticism.
• Anchors Accountability in Rule of Law
  • Judges remain answerable under constitutional procedures, not arbitrary control of executive/legislature.
  • Example: Veeraswami (1991) – Corrupt judges can be prosecuted, but with institutional safeguards (CJI/President’s sanction).
• Transforms Independence into Public Trust
  • Constitutional morality ensures that independence is seen as serving people’s rights, not judicial privilege.
  • Example: Puttaswamy (2017) – Privacy upheld, showing independence aligned with citizens’ liberty.

Therefore, Constitutional morality, as B.R. Ambedkar stated, must be cultivated to uphold justice. It ensures judicial independence, as seen in Keshavananda Bharati (1973), while mandating accountability, highlighted in Justice Ramaswami’s case (1993). By aligning judicial conduct with constitutional values, it sustains public trust, balancing autonomy with responsibility and safeguarding the judiciary as the guardian of India’s democratic ethos.

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