Model Answer
0 min readIntroduction
Constitutional morality signifies a paramount reverence for the fundamental principles and values enshrined in the Constitution, moving beyond a mere literal interpretation of its text. It embodies the spirit of the Constitution, promoting justice, liberty, equality, and fraternity, and serving as a guiding light for all state institutions and citizens. As articulated by Dr. B.R. Ambedkar, it is not a natural sentiment but one that must be cultivated for the peaceful and democratic functioning of the nation. The Supreme Court of India has increasingly invoked this doctrine to ensure that constitutional governance is guided by these overarching principles, particularly when confronting majoritarian impulses or traditional social morality that might contravene fundamental rights.
The observation that "Constitutional morality is the fulcrum which acts as an essential check upon the high functionaries and citizens alike" underscores its crucial role in upholding the constitutional edifice. This concept is vital for ensuring that all actions, whether by state actors or individuals, align with the foundational values of the Indian Republic.
Concept of Constitutional Morality
Constitutional morality refers to the adherence to the Constitution not just in its letter, but in its spirit. It is a commitment to the normative vision embodied in the Constitution, encompassing values like justice, liberty, equality, and fraternity. British historian George Grote first coined the term, emphasizing a balance between freedom and restraint. Dr. B.R. Ambedkar adapted it for India, stressing its necessity for a functioning democracy.
- Beyond Textual Interpretation: Constitutional morality allows for a dynamic interpretation of the Constitution, ensuring it remains a living document responsive to evolving societal needs and values.
- Counter-Majoritarian Check: It enables the judiciary to act as a bulwark against majoritarianism and popular sentiments that may infringe upon the fundamental rights of minorities or individuals.
- Ethical Governance: It imposes an ethical duty on all public functionaries to uphold constitutional values in their conduct and decision-making.
Application in Balancing Judicial Independence and Accountability
Judicial independence is a cornerstone of India's democratic structure, ensuring impartial justice. However, this independence must be balanced with accountability to prevent arbitrary exercise of power. Constitutional morality acts as a crucial bridge between these two principles.
1. Upholding Judicial Independence:
Constitutional morality reinforces judicial independence by demanding adherence to the constitutional framework that safeguards it.
- Basic Structure Doctrine: In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court established the Basic Structure Doctrine, of which judicial independence is a part, meaning Parliament cannot amend it. This prevents legislative or executive overreach.
- Separation of Powers: Article 50 of the DPSP advocates for the separation of the judiciary from the executive. Constitutional morality demands that this separation is respected in practice, ensuring judges can perform their duties without external pressure.
- Security of Tenure and Service Conditions: Articles 124(2) and 217 provide for the security of tenure and fixed service conditions for Supreme Court and High Court judges. Constitutional morality dictates that these provisions are respected to shield judges from political manipulation.
2. Ensuring Judicial Accountability:
While protecting independence, constitutional morality also provides a framework for judicial accountability, ensuring that judges are answerable to the Constitution's values.
- Accountability to Constitutional Values: Judges, while independent, are primarily accountable to the Constitution itself. Their decisions must align with constitutional values, preventing arbitrary or biased judgments.
- Checks on Judicial Overreach: Constitutional morality serves as an internal check against judicial overreach. Judges are expected to exercise their powers of judicial review and interpretation within the spirit and limits of the Constitution, respecting the domain of other branches.
- Transparency and Integrity: The expectation of constitutional morality from judges implies upholding the highest standards of integrity and transparency, crucial for maintaining public trust in the judiciary. For example, in S.P. Gupta v. Union of India (1981), though the judgment initially gave primacy to the executive in judicial appointments, it underlined the importance of judicial independence and transparent processes for appointments and transfers, which later evolved into the Collegium system.
- Impeachment Process: The constitutional provision for impeachment (Article 124(4) and 217) for 'proven misbehaviour or incapacity' acts as a final external check, ensuring that judges who violate constitutional trust can be held accountable, even if rarely exercised.
The interplay between constitutional morality, judicial independence, and accountability is dynamic. The judiciary, as the guardian of the Constitution, wields significant power, making it imperative that its exercise is guided by a deep commitment to constitutional values, fostering both its autonomy and its responsibility to the people and the foundational document.
Conclusion
Constitutional morality is far more than a legal concept; it is the moral compass that guides the functioning of India’s democracy. It ensures that judicial independence is not unfettered power, but a power exercised responsibly within the bounds of the Constitution’s spirit. By acting as a constant check on all functionaries, including the judiciary, it promotes a judiciary that is both independent in its decision-making and accountable to the core values of justice, equality, and liberty. This delicate balance, rooted in constitutional morality, is indispensable for the sustained health and legitimacy of India’s constitutional democracy.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.