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.(15 marks) 250 words

Introduction

The concept of constitutional morality refers to adherence to the core values and principles embedded in the Constitution such as rule of law, liberty, equality, and accountability. The Supreme Court emphasized its importance in cases like Navtej Singh Johar v. Union of India (2018), stating that constitutional morality must guide both citizens and public authorities. It acts as a vital check to maintain a balance between judicial independence and judicial accountability.

Body

Concept of Constitutional Morality

• The term was originally highlighted by Dr. B.R. Ambedkar in the Constituent Assembly debates.

• It implies respect for constitutional values beyond mere compliance with laws.

• It ensures that institutions function within the framework of the Constitution and democratic ethics.

Ensuring Judicial Independence

• The judiciary’s independence is protected by provisions such as Articles 124–147 relating to the Supreme Court.

• The Basic Structure Doctrine established in Kesavananda Bharati v. State of Kerala (1973) recognized judicial independence as a core constitutional principle.

• The Collegium system, evolved through the Second Judges Case (1993) and Third Judges Case (1998), safeguards the judiciary from executive interference.

Ensuring Judicial Accountability

• Judges can be removed through impeachment under Articles 124(4) and 217.

• The judiciary is subject to judicial review, ethical standards, and public scrutiny.

• In Supreme Court Advocates-on-Record Association v. Union of India (2015), the Court struck down the NJAC but stressed the need for transparency and accountability in judicial appointments.

Conclusion

Thus, constitutional morality acts as a guiding principle ensuring that judicial independence does not lead to institutional opacity while accountability does not undermine autonomy. Upholding constitutional values is essential for maintaining public trust and strengthening democratic governance in India.