Civil Services Prep

‘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.

Model answer

Constitutional morality refers to adherence to the values, principles and institutional limitations prescribed by the Constitution, even when they conflict with popular or majoritarian preferences. It requires constitutional functionaries and citizens to respect liberty, equality, dignity, rule of law, fraternity, secularism and constitutional procedures. Meaning and significance It is different from **social or majoritarian morality**, as constitutional values protect minorities and individual rights. It requires public authorities to exercise power according to constitutional limitations rather than personal or political preferences. It promotes **constitutional supremacy**, separation of powers and institutional accountability. In *Navtej Singh Johar* and *Indian Young Lawyers Association*, the Supreme Court used constitutional morality to protect individual dignity against majoritarian morality. It enables courts to interpret the Constitution as a transformative document promoting substantive equality.