Subject: Polity

Constitutional morality implies adherence to the core principles and spirit of the Constitution in a democracy. In the words of Ambedkar, “Constitutional morality is not a natural sentiment. It has to be cultivated”.

Constitutional morality as the fulcrum

Checks on High Functionaries

Supremacy of Constitution – Limits arbitrary use of executive or legislative power.

Rule of Law – Ensures decisions are legal, not personal or political.

Judicial Review – Eg- NJAC Judgment

Equality & Non-discrimination – Prevents rulers from favouring particular groups.

Democratic Accountability – Demands transparency and answerability in governance. Eg- D. C. Wadhwa Case – frequent promulgation of ordinance as “fraud on the Constitution.”

Separation of Powers – Eg – Indira Gandhi v. Raj Narain (1975) struck down 39th Amendment to protect judicial review.

Spirit of Justice – Requires policies and judgments to align with fairness.

Checks on Citizens

Ensures public morality does not override rights and dignity of individuals. Eg – Navtej Johar (2018) decriminalised homosexuality, Sabrimala Judgment.

Equality & Non-discrimination – Binds citizens against practising caste, gender, or religious exclusion.

Tolerance & Fraternity – Discourages hate speech, intolerance, or majoritarian excesses.

Constitutional Patriotism – Promotes loyalty to constitutional ideals over narrow identity politics. Eg- Fundamental Duties

Concept of constitutional morality

George Grote, in his History of Greece, described constitutional morality as a “rare and difficult sentiment”–

Paramount reverence for forms and procedures of the Constitution.

Adherence to law while enabling open criticism of authority.

Need for public reason, self-restraint, and trust in institutions.

Application of Constitutional Morality in Balancing Judicial Independence and Accountability

Judicial Appointments – Constitutional morality preserves judicial primacy in appointments (NJAC Case 2015), while demanding transparency and collegium reforms for accountability.

Judicial Review – Protects independence of judiciary to strike down unconstitutional laws (Kesavananda Bharati 1973), yet requires judicial restraint to avoid overreach.

Judicial Conduct – Ensures judges remain free from executive pressure, but also subject to scrutiny for corruption or misconduct (K. Veeraswami v. Union of India 1991).

Public Trust – Judicial independence protects rule of law, while accountability ensures public confidence in the judiciary.

Ensures Transparency and accountability – Subhash Agarwal Case- Brought CJI’s office under RTI.

Public Interest Litigation (PIL) – Expands access to justice for the poor and marginalised, but constitutional morality demands avoidance of frivolous PILs to preserve judicial credibility.

Contempt Powers – Secure judicial independence, but require tolerance of criticism unless it obstructs justice delivery. Eg- Prashant Bhushan Case

As Justice D.Y. Chandrachud observed, “Judicial independence is not a privilege but a responsibility owed to the Constitution.”