Q 11. "संवैधानिक नैतिकता एक आलम्ब है जो कि उच्च पदाधिकारियों और नागरिकों पर समान रूप से आवश्यक नियंत्रण का कार्य करता है...।" सर्वोच्च न्यायालय के उपर्युक्त प्रेक्षण के संदर्भ में, संवैधानिक नैतिकता की अवधारणा तथा भारत में न्यायपालिका की स्वतंत्रता एवं न्यायिक उत्तरदायित्व के मध्य संतुलन सुनिश्चित करने में इसकी प्रयोज्यता की व्याख्या कीजिए। (UPSC 2025,15 Marks,250 Words)

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Constitutional morality, a term popularized by Dr. B.R. Ambedkar, refers to adherence to the core principles and values enshrined in the Constitution. It serves as a guiding force for both citizens and state functionaries, ensuring a balance between judicial independence and judicial accountability. The Supreme Court of India emphasizes this concept to maintain the integrity of democratic institutions, acting as a check against arbitrary power and fostering a culture of constitutional governance.

Concept of Constitutional Morality
  ● Definition: Constitutional morality refers to the adherence to the core principles and values enshrined in the Constitution. It involves respecting the spirit of the Constitution, ensuring that the rule of law prevails, and upholding democratic principles.  
  ● Significance: It acts as a guiding principle for both the government and the citizens, ensuring that actions and decisions are in line with constitutional values, promoting justice, liberty, equality, and fraternity.  
 Application in Judicial Independence
  ● Protection from External Influence: Constitutional morality ensures that the judiciary remains free from political pressure and external influences, allowing judges to make decisions based solely on the law and facts.  
  ● Appointment and Tenure: The process of appointing judges, as seen in the Collegium System, is designed to maintain judicial independence by minimizing executive interference, reflecting constitutional morality.  
  ● Judicial Review: The power of judicial review is a manifestation of constitutional morality, allowing the judiciary to strike down laws and actions that violate constitutional principles, thus maintaining the supremacy of the Constitution.  
 Application in Judicial Accountability
  ● Transparency and Accountability: Constitutional morality demands that the judiciary remains accountable to the public. Mechanisms like the Right to Information (RTI) Act have been extended to the judiciary to promote transparency.  
  ● Code of Conduct: The adoption of a code of conduct for judges ensures that they adhere to ethical standards, reflecting constitutional morality in their professional behavior.  
  ● Impeachment Process: The provision for the impeachment of judges in cases of proven misconduct is an example of constitutional morality ensuring accountability while respecting judicial independence.  
 Balancing Judicial Independence and Accountability
  ● Checks and Balances: Constitutional morality provides a framework for maintaining a balance between judicial independence and accountability. It ensures that while the judiciary is free to interpret the law, it is also accountable for its actions.  
  ● Case Example: In the Second Judges Case (1993), the Supreme Court emphasized the importance of judicial independence while also recognizing the need for accountability through a transparent appointment process.  
  ● Public Confidence: By adhering to constitutional morality, the judiciary can maintain public confidence, ensuring that it is seen as both independent and accountable, thus upholding the rule of law.  
  ● Recent Developments: The National Judicial Appointments Commission (NJAC) was struck down by the Supreme Court in 2015, citing a violation of judicial independence, showcasing the application of constitutional morality in maintaining the balance.

Constitutional morality ensures adherence to the core principles of the Constitution, acting as a guiding force for both citizens and officials. It balances judicial independence and accountability by fostering a culture of respect for constitutional values. As Dr. B.R. Ambedkar emphasized, it requires a commitment to the spirit of the Constitution beyond its text. Upholding constitutional morality is crucial for maintaining the integrity of democratic institutions and ensuring justice in India.