Introduction

Constitutional morality means adhering to the core values of the Constitution, like justice, equality, liberty, and dignity. It guides both leaders and citizens, ensuring power is exercised within limits and collective conduct aligns with democratic principles.

Body

Concept of Constitutional Morality

• Spirit of the Constitution: It means following core constitutional values like fairness, inclusiveness, and respect for individual rights, beyond just the written text.
• Rule of law: No one is above the law, and even the government must respect limits set by the Constitution.
• Minority protection: It ensures fairness, inclusion, and non-discrimination, even when the majority may think differently.
  Eg: Navtej Johar (LGBTQ+ rights) and Sabarimala cases (equality and dignity of women)
• Responsible power: Leaders and institutions should act with restraint, stay true to the Constitution, and remain accountable.
  Eg: Manoj Narula Case: SC advised to avoid selecting ministers charged with serious or heinous offenses.

Application in balancing judicial independence and judicial accountability:

• Judicial Review as a Check: Judicial independence empowers courts to strike down arbitrary actions, but constitutional morality ensures this power is used responsibly.
  Eg: Indira Nehru Gandhi v. Raj Narain (1975): The court upheld judicial review against unconstitutional amendments, reinforcing restraint and accountability.
• Collegium Formation: Independence in appointments is protected, but constitutional morality demands more transparency and accountability in the collegium system.
  Eg: NJAC 2015 case: Struck down NJAC to protect judicial independence but emphasized accountability through improved collegium functioning.
• Judicial Ethics and Conduct: Judges are bound by constitutional morality to uphold impartiality, fairness, and integrity, ensuring accountability without compromising independence.
• Balance in Contempt Powers: Courts must use contempt powers to preserve authority but apply them with constitutional morality to avoid excess.
  Eg: Arundhati Roy case (2002) and Prashant Bhushan case (2020),  shows the balance between free speech and judicial accountability.
• Checks Through Impeachment & Oversight: Constitutional morality allows removal of judges for proven misbehaviour, maintaining accountability while protecting independence from political misuse.
  Eg: Impeachment provisions under Articles 124(4) and 217.
• Recusal and Conflict of Interest: Judges must follow constitutional morality by recusing in cases of bias to uphold public confidence. 

Conclusion

Constitutional morality ensures that the judiciary remains strong and impartial, yet accountable. By harmonizing independence with transparency and restraint, it strengthens democracy, protects citizens’ rights, and upholds the Constitution as the ultimate guiding framework for governance.

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