Judiciary’s Moral Compass

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Context:

The Delhi High Court’s refusal to grant bail to Umar Khalid in the 2020 Delhi riots case has reignited debate on the judiciary’s role in politically sensitive matters.

Judiciary’s Constitutional Role

Guardian of Liberty: The judiciary has consistently struck down unconstitutional laws such as Section 66A of the IT Act (2015) and affirmed fundamental rights in cases like Puttaswamy (privacy) and decriminalisation of Section 377.
Impartial Duty: Courts protect liberty even under special laws dealing with terrorism, money laundering, and narcotics, demonstrating adherence to constitutional balance.
Public Trust: Citizens must repose faith in judicial institutions, as constitutional morality requires judgments to be accepted even when verdicts appear inconvenient.

Ambedkar’s Guidance and Judicial Philosophy

Constitutional Morality: B. R. Ambedkar, in his final speech to the Constituent Assembly, stressed that democracy rests not only on rights but also on constitutional discipline and respect for institutions.
Judicial Principles: The judiciary cannot act to please political sentiments; it must remain principled and uphold constitutional morality even when verdicts are unpopular.
Examples of Scrutiny: Controversial cases, including the Citizenship Amendment Act (CAA), highlight the need to judge laws on constitutional grounds rather than political popularity.

Judiciary as Conscience Keeper

Resilience Amid Criticism: In high-profile cases like Zakia Jafri and Sohrabuddin, appellate courts upheld due process, proving that judicial pronouncements must outlast public outrage.
Constitutional Balance: The judiciary ensures that extraordinary laws such as UAPA are scrutinised rigorously, preventing misuse while protecting national security.
Strength of Institutions: From the Ayodhya dispute to minority rights cases, the judiciary has acted as a stabilising force, reflecting Ambedkar’s vision of institutions guiding India’s collective life.

Practice Question:

“Judiciary’s role is not to be popular, but to be principled. Discuss this statement in light of B. R. Ambedkar’s concept of constitutional morality and recent judicial interventions in India.” (250 words)

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