“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 GS Paper 2 Question Paper

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.

Introduction:
Constitutional morality denotes adherence to the core values and spirit of the Constitution, guiding institutions to balance judicial independence with accountability.

1. Concept of Constitutional Morality

• Propounded by B.R. Ambedkar
• Implies fidelity to:
  • Rule of Law
  • Separation of Powers
  • Checks and Balances
  • Justice, Liberty, Equality
• Ensures institutions act within constitutional limits, not arbitrariness

2. Judicial Independence: Constitutional Basis

• Articles 124–147 → independence of Supreme Court
• Safeguards:
  • Security of tenure
  • Fixed service conditions
  • Contempt powers
• Basic Structure Doctrine protects independence

Case Law:

• Kesavananda Bharati v. State of Kerala → Judicial independence part of Basic Structure

3. Judicial Accountability: Need

• Prevents:
  • Judicial overreach
  • Opacity in appointments
  • Misconduct / corruption
• Upholds public trust & legitimacy

4. Constitutional Morality as Balancing Tool

• Avoids absolute independence → judicial supremacy
• Avoids excessive control → executive interference
• Promotes institutional self-regulation + external checks

5. Application in Practice

(a) Appointments: Collegium vs Accountability

• Collegium system ensures independence
• Criticism: lack of transparency

Case Law:

• Supreme Court Advocates-on-Record Association v. Union of India
  • NJAC struck down → protected independence
  • Court emphasized constitutional morality over majoritarian will

(b) Judicial Review with Restraint

• Courts ensure checks on legislature/executive
• But follow self-restraint principle

Example:

• Limited interference in policy matters unless arbitrary/unconstitutional

(c) In-house Mechanisms & Ethics

• In-house procedure (1999) for judicial misconduct
• Restatement of Judicial Values (1997)
• Impeachment process (Articles 124(4), 217)

(d) Transparency & Openness

• Live-streaming of proceedings
• RTI applicability (with limits)

Case Law:

• C.P. Gupta v. Union of India → openness in judiciary
• Subhash Chandra Agarwal v. Supreme Court of India → CJI under RTI (with safeguards)

6. Challenges

• Opacity in Collegium functioning
• Delay in judicial appointments
• Weak enforcement of accountability mechanisms
• Perception of judicial overreach vs activism

7. Way Forward

• Institutionalize transparent Collegium reforms (reasons disclosure)
• Strengthen judicial standards & ethics code
• Balance RTI with judicial independence
• Ensure timely appointments + diversity in judiciary

Conclusion:
Constitutional morality ensures a delicate equilibrium where judicial independence is preserved without compromising accountability, sustaining the credibility of India’s constitutional democracy.

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