The Supreme Court in NCT of Delhi v. Union of India (2018) highlighted that constitutional morality is the fulcrum restraining unbridled power. It ensures that governance must rest on trust, accommodation, and adherence to constitutional values. While judicial independence is vital for democracy, constitutional morality ensures it coexists with accountability, preventing judicial overreach.

Concept of Constitutional Morality

Constitutional morality means following the spirit of the Constitution—values like equality, liberty, fraternity, and rule of law. Dr. Ambedkar stressed that Indian democracy must learn and practise it. It works like a moral guide, helping balance the rights of people with the larger good and preventing misuse of power.

Courts have applied it in judgments like Navtej Singh Johar (2018), where it was used to protect LGBTQ rights, and Delhi Govt vs LG (2018), where it was used to promote cooperative federalism. Thinkers like Andre Beteille warn that without constitutional morality, the Constitution may be applied in an arbitrary way.

Application to Ensure Judicial Independence

• Structural safeguards: Security of tenure under Article 124, removal only through impeachment, and salaries charged on the Consolidated Fund.
• Financial autonomy: Ensures freedom from executive interference.
• Judicial review and separation of powers: Protect independence of decision-making.
• Collegium system: Evolved in the Second Judges Case (1993) and preserved in the NJAC Judgment (2015), reflecting constitutional morality in protecting appointments from executive dominance.
• Immunity: Judges enjoy immunity for acts performed in judicial capacity.

Application to Ensure Judicial Accountability

• Judges Inquiry Act (1968) and in-house codes of conduct create checks on misconduct.
• Transparency mechanisms: Live-streaming of proceedings (initiated in Gujarat High Court, 2018) and publication of collegium resolutions.
• Reasoned judgments: Ensure decisions are rooted in constitutional principles and open to scrutiny.
• Public scrutiny: The Supreme Court (2024 ruling) allowed good-faith criticism of judges, balancing independence with accountability.
• Technological tools: The National Judicial Data Grid tracks pendency and disposal, ensuring performance monitoring.

Achieving Balance Between Independence and Accountability

Constitutional morality acts as the soul of the Constitution, ensuring that independence does not turn into unaccountability, and accountability does not erode independence. As Ambedkar envisaged, cultivating constitutional morality remains essential for sustaining India’s democratic governance.