Judicial review and constitutional morality in separation of powers
Source:The Hindu ↗
Why It Matters
Understanding the dynamics between the judiciary and the executive is a core component of GS2 (Polity and Governance). Concepts like constitutional morality and judicial review are frequently tested in Mains.
Summary
The article reflects on the imperative of restoring sanity to India's constitutional system through robust checks and balances, primarily driven by the judiciary. It underscores the significance of constitutional morality and judicial review in curbing executive overreach and ensuring that the separation of powers remains intact. By evaluating recent judicial interventions, the piece highlights the Supreme Court's critical role in safeguarding democratic institutions and enforcing accountability among constitutional functionaries, thereby preserving the core ethos of the Constitution.
Key Points
- Evaluates the importance of judicial interventions in restoring constitutional balance and curbing arbitrary executive or legislative actions.
- Discusses the application of constitutional morality as a crucial standard to hold high functionaries accountable.
- Highlights the role of the Supreme Court in preserving democratic ethos and upholding the separation of powers.
- Emphasizes that restoring sanity to the constitutional system requires strict adherence to both the letter and the spirit of the Constitution.
Important Terms
Constitutional Morality
Commitment to the essential values and principles of constitutional democracy—such as rule of law and social justice—rather than just the literal text of the Constitution.
UPSC context
GS Paper 2 (Polity); tests the ability to analyze how the judiciary uses values to interpret law and curb majoritarianism.
Judicial Review
The power of the judiciary to examine and invalidate legislative acts or executive orders that are found to be inconsistent with the Constitution.
UPSC context
GS Paper 2 (Polity); central to topics on constitutional supremacy, basic structure doctrine, and judicial accountability.
Separation of Powers
The doctrine dividing government functions into three branches—Legislature, Executive, and Judiciary—to prevent power concentration and safeguard individual liberty.
UPSC context
GS Paper 2 (Polity); tests understanding of functional overlap and the independence of state organs in the Indian model.
Checks and Balances
A constitutional mechanism ensuring that each branch of government can restrain the powers of the others, preventing any single organ from becoming absolute.
UPSC context
GS Paper 2 (Polity); focuses on the dynamic relationship and accountability between the executive, legislature, and judiciary.
Executive Overreach
The expansion of executive authority beyond its constitutional mandate, often by encroaching upon the domains of the legislature or the judiciary.
UPSC context
GS Paper 2 (Governance/Polity); relevant for discussing governmental accountability and the preservation of democratic institutions.
Supreme Court of India
The highest judicial body in India and the final interpreter of the Constitution, responsible for safeguarding fundamental rights and ensuring the rule of law.
UPSC context
GS Paper 2 (Polity); essential for questions on judicial independence, landmark judgments, and its role as a constitutional guardian.
Prelims Trap
The Governor's decision to withhold assent under Article 200 is immune from judicial review.
Aspirants confuse discretionary powers with absolute immunity. The Supreme Court has ruled that unjustified delays by Governors in returning Bills are subject to judicial scrutiny.
Static Concepts Connected
What are the Governor's options under Article 200?
- Grant Assent: The Governor may sign the bill, officially making it an Act of the state legislature.
- Withhold Assent: The Governor can withhold assent but must return the non-Money Bill "as soon as possible" with a message for reconsideration.
- Reserve for President: Obligatory if the bill endangers the State High Court's position; discretionary for matters concerning constitutional validity or national importance.
How does the Supreme Court define Constitutional Morality?
- Core Philosophy: It means adherence to the core unwritten principles of the Constitution—like equality, liberty, and rule of law—beyond just the literal text.
- Substantive Check: It acts as a substantive limit on arbitrary actions by state functionaries and checks majoritarian impulses in a democracy.
Cross-Topic Patterns
Federalism + Unelected constitutional functionaries
SC interventions on Governor delays highlight the tension between elected state legislatures and center-appointed functionaries, a recurring theme in Center-State relations.
Separation of Powers + Judicial Review
India's lack of rigid separation of powers allows inter-organ accountability. The judiciary's ability to review executive actions under Articles 200/201 prevents unchecked executive supremacy.
Expect a 2026 Prelims statement linking Article 200's "as soon as possible" clause with the constitutional limits of a Governor's veto.
Linked PYQs · 5
Linked PYQs · 5
- 2025MainsGS2
"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.
- 2020MainsGS2
Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities.
- 2021MainsGS2
‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions.
- 2016MainsGS2
What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution?
- 2023MainsGS2
“Constitutionally guaranteed judicial independence is a prerequisite of democracy.” Comment.
