“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.

As a Restraint

→ Limits power of state and risk of majoritarianism in a democracy, that may undermine rights of individual & especially minorities.

→ Navtej Singh Johar Case - SC decriminalised homosexuality, emphasing that popular morality can not override constitutional morality.

→ Sabrimala Case - court put an end to discriminatory practices against women with respect to temple entry.

As an Enabler.

→ It empowers vulnerable sections and individuals to ensure opportunity for development, dignity and justice.

→ Joseph Shine Case - Adultery was decriminalised - (equality & dignity)

→ Shayara Bano case - Tripple Talaq (Talaq-e-Biddat) was declared unconstitutional (Constitutional morality over religious freedom) → discriminatory