“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.
Approach · directive: “explain”
What it asks · Explain constitutional morality as a guiding standard for all institutions, then show how it helps balance the judiciary's independence with its accountability.
It asks 2 things — answer each
- Explain: the concept of constitutional morality as a check on high functionaries and citizens, as the Supreme Court sees it
- Explain: its application to balance judicial independence with judicial accountability in India
Open with · Ambedkar's 4 November 1948 warning that constitutional morality 'has to be cultivated'; it means fidelity to the Constitution's values and processes, both a shield and a leash for judges.
Cover
- Concept: values over majoritarian or personal morality; Manoj Narula (2014) called it the 'fulcrum' of institution building.
- As a check: binds Governors, Speakers, Ministers and citizens; NCT of Delhi (2018) held the Lieutenant Governor to aid and advice.
- Independence: Article 124(4) removal only by Parliament, Article 50 separation, NJAC struck down in 2015.
- Accountability: Restatement of Values (1997), in-house procedure, RTI on the CJI's office (2019), asset declarations online under the 1 April 2025 Full Court resolution.
- Balance (table): independence is not immunity; accountability is not subordination; scrutiny only through constitutional channels.
- Way forward: revisit the Judicial Standards and Accountability Bill, 2010; benchmark against the Bangalore Principles of Judicial Conduct.
Close with · The Bangalore Principles' line that justice 'must also be seen to be done': a judiciary cultivating constitutional morality stays independent because it is visibly accountable.
Add value (verified)
- In Manoj Narula v. Union of India (2014), cited in the Aadhaar judgment (2018), the Court called constitutional morality the fulcrum of institution building.Justice K.S. Puttaswamy (Retd.) v. Union of India, W.P.(C) 494 of 2012, judgment of 26 Sept 2018 — Supreme Court of India ↗“It actually works at the fulcrum and guides as a laser beam in institution building. The traditions and conventions have to grow to sustain the value of such a morality.”
- B.R. Ambedkar, Constituent Assembly, 4 November 1948: constitutional morality is not a natural sentiment and has to be cultivated.Constituent Assembly Debates, 4 November 1948 — constitutionofindia.net ↗“Constitutional morality is not a natural sentiment. It has to be cultivated. We must realize that our people have yet to learn it.”
- Article 50 directs the State to separate the judiciary from the executive in the public services of the State.The Constitution of India (as on 1 May 2024) - Legislative Department, Article 50 ↗“The State shall take steps to separate the judiciary from the executive in the public services of the State.”
- Supreme Court Full Court resolution of 1 April 2025: placing judges' declarations of assets on the Supreme Court website is mandatory.Assets of Judges — Supreme Court of India ↗“Placing the declaration of assets on the Supreme Court website will be mandatory. The following judges of the Supreme Court have submitted their declarations of assets: DISCLOSURE OF ASSETS (in terms of Resolution of the Full Court dated 1st April, 2025)”
- The Judicial Standards and Accountability Bill, 2010 required judges to declare assets, laid down judicial standards and proposed a National Judicial Oversight Committee to handle complaints.The Judicial Standards and Accountability Bill, 2010 — PRS Legislative Research ↗“The Judicial Standards and Accountability Bill, 2010 requires judges to declare their assets, lays down judicial standards, and establishes processes for removal of judges of the Supreme Court and High Court”
- The Bangalore Principles of Judicial Conduct (2002) state that justice must not merely be done but must also be seen to be done.The Bangalore Principles of Judicial Conduct, 2002 — UNODC ↗“Justice must not merely be done but must also be seen to be done.”
Question: UPSC's CS (Main) 2025, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 3 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 369words · Minimalist IAS
On 4 November 1948 Ambedkar told the Constituent Assembly: 'Constitutional morality is not a natural sentiment. It has to be cultivated.' It means fidelity to the Constitution's values and processes, not just its letter. For judges, it is both a shield and a leash.
What constitutional morality means
- Fidelity to values: rule of law, liberty, equality, dignity and restraint in power prevail over majoritarian or personal morality.
- The fulcrum: Manoj Narula (2014) said it works at the 'fulcrum' and guides institution building 'as a laser beam'.
- A check on all: it binds Governors, Speakers, Ministers and citizens; NCT of Delhi (2018) held the Lieutenant Governor to the elected government's aid and advice.
Safeguards of judicial independence
- Security of tenure: removal only by Parliament on proved misbehaviour or incapacity (Article 124(4)).
- Separation of powers: Article 50 directs the State to separate the judiciary from the executive.
- Primacy in appointments: the Supreme Court struck down the NJAC in 2015 to protect judicial independence.
Mechanisms of judicial accountability
- Ethical code: the Restatement of Values of Judicial Life (1997) and an in-house procedure for complaints.
- Transparency: RTI reached the CJI's office in 2019; a Full Court resolution of 1 April 2025 made posting judges' asset declarations online mandatory.
- Removal: the Judges (Inquiry) Act, 1968; the 2025 cash-at-residence controversy tested the in-house inquiry and parliamentary removal together.
How constitutional morality strikes the balance
| Demand | What it requires | Example |
|---|---|---|
| Independence | Freedom from executive pressure | NJAC struck down (2015) |
| Accountability | Open, reasoned self-regulation | Assets online (2025) |
| Balance | Scrutiny only via constitutional channels | Article 124(4) removal |
- Independence is not immunity: the fidelity that shields judges also demands reasoned collegium decisions, recusal norms and time-bound inquiries.
- Accountability is not subordination: scrutiny must run through the in-house process and Parliament, never executive control of appointments or transfers.
Way forward
- Statutory standards: revisit the Judicial Standards and Accountability Bill, 2010, which proposed asset declarations, judicial standards and a National Judicial Oversight Committee.
- Global benchmark: align in-house practice with the Bangalore Principles of Judicial Conduct.
The Bangalore Principles put it plainly: 'Justice must not merely be done but must also be seen to be done.' A judiciary that cultivates constitutional morality, as Ambedkar urged, stays independent because it is visibly accountable.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 3 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
