“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.
Constitutional morality is not merely about adhering to the letter of the Constitution, but about embracing its underlying spirit. It represents a deep-seated commitment to the values of democracy, liberty, equality, and fraternity. It acts as a guiding principle, compelling both state functionaries and citizens to act in a manner that upholds the soul of the Constitution, even when no specific law is violated.
This principle is the cornerstone for balancing judicial independence and judicial accountability.
Upholding Judicial Independence:
Constitutional morality demands an independent judiciary, free from executive or legislative interference, to act as the ultimate arbiter of law. The Supreme Court invoked this principle when it struck down the National Judicial Appointments Commission (NJAC) Act. It reasoned that the executive's role in appointments could compromise the judiciary's independence, a fundamental tenet of our constitutional scheme.
Ensuring Judicial Accountability:
Simultaneously, constitutional morality mandates that judges, who wield immense power, are not above accountability. Their power is a public trust. This implies that the judiciary must have a transparent internal mechanism to address misconduct. The current 'in-house procedure' for investigating complaints against judges is an application of this, though its effectiveness is debated.
Thus, constitutional morality acts as a check, ensuring that the shield of independence does not become a cloak for unaccountability, and the call for accountability does not turn into a tool for executive control. It is this delicate, principled balance that sustains public faith in our judicial system.
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