UPSC Mains 2025 GS2 Q11 — Constitutional Morality
"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. (Answer in 250 words)
Question Decoded — examiner's intent
- Directive verbs
- explain
- Scope keywords
- Constitutional moralityessential checkhigh functionaries and citizensjudicial independencejudicial accountability
- Implicit sub-parts
- Define the evolution of Constitutional Morality through SC judgments like Navtej Johar or Sabarimala.
- Examine how constitutional morality prevents judicial overreach (independence vs. restraint).
- Analyze the role of constitutional morality in institutional self-correction and transparency (accountability).
- Evaluate the tension between 'popular morality' and 'constitutional morality' in judicial decision-making.
- Common pitfalls
- Defining constitutional morality simply as 'good behavior' instead of adherence to constitutional values and norms.
- Focusing too much on the Sabarimala case/social issues and ignoring the specific link to judicial accountability asked in the prompt.
- Failing to mention that the doctrine can be a 'double-edged sword' that might lead to subjective judicial activism.
- Neglecting the 'check upon high functionaries' aspect by only focusing on individual rights.
- Dimensions required
- Legal-JurisprudentialInstitutional-AdministrativeEthical-PoliticalConstitutional-Structural
- Marks allocation hint
Spend approximately 50-60 words defining the concept with a relevant case law. Devote 150 words to the core conflict—how constitutional morality justifies independence from the executive while simultaneously demanding internal accountability mechanisms like the Master of Roster system or Recusal norms. Reserve the final 40 words for a balanced conclusion on the doctrine's role in institutional stability.
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