Constitutional morality is the fulcrum which acts as an essential check upon the high functionaries and…

Question

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.

Ghissu Editorial · Accepted Answer

Constitutional morality means fidelity to the Constitution's values and spirit, and it balances the judiciary by treating independence as a means to serve the Constitution and accountability as its condition. The Supreme Court's 2019 Subhash Chandra Agrawal ruling brought the Chief Justice's office under the RTI Act.

**Introduction**

The March 2025 discovery of cash at a High Court judge's residence, and the impeachment motion that followed, revived the question of who judges the judges. Constitutional morality, which the Supreme Court calls a check on high functionaries and citizens alike, binds judges too.

**Understanding Constitutional Morality**

1. **Meaning**: Following Grote, Ambedkar told the Constituent Assembly in 1948 that constitutional morality "has to be cultivated": reverence for the Constitution's spirit, not only its letter.
2. **Facets**: It rests on the Preamble's ideals, Fundamental Rights, the rule of law and the separation of powers.
3. **Use by courts**: Manoj Narula (2014) and NCT of Delhi (2018) used it to restrain high functionaries, and Navtej Singh Johar (2018) to protect individual dignity.

**Applying It to Balance Judicial Independence and Accountability**

SKETCH: venn | Constitutional Morality in the Judiciary
a: Judicial independence
b: Judicial accountability
overlap: Transparent self-restraint

1. **Independence protected**: Articles 50, 124(4) and 125 insulate judges, and the 2015 NJAC judgment treated independence as basic structure.
2. **Accountability demanded**: Subhash Chandra Agrawal (2019) brought the CJI's office under the RTI Act.
3. **Self-regulation**: The 1997 Restatement of Values of Judicial Life and the in-house procedure apply, and in 2025 the Court made public the preliminary report on the cash episode and put judges' assets online.

**Way Forward**

1. **Rules over goodwill**: Finalise the Memorandum of Procedure, create a judge-led statutory complaints body and set a post-retirement cooling-off period.

**Conclusion**

Constitutional morality makes independence and accountability two sides of one duty to the Constitution. Transparent, judge-led accountability would preserve the rule of law and public trust in the judiciary.

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