Constitutional morality means nation is governed by rule of law, not by rule of people: Justice Ujjal Bhuyan

The nation must be governed by the rule of law and not by the rule of the people, Supreme Court judge Justice Ujjal Bhuyan said on Saturday, asserting that constitutional morality must prevail over popular morality.

Justice Bhuyan was speaking at a seminar organised by the Telangana Judges Association and the Telangana State Judicial Academy in Hyderabad on the theme Constitutional Morality and Role of District Judiciary.

“Constitutional morality means that the nation is governed by the rule of law and not by the rule of the people,” he said.

Referring to the Delhi High Court’s decision in Naz Foundation Vs. Union of India and its endorsement by a Constitution Bench of the Supreme Court in Navtej Singh Johar, he said,

“In our scheme of things, constitutional morality must outweigh the argument of public morality, even if it be the majoritarian view."

"For a constitutional court, it is the constitutionality of the issue before it which is relevant and not the dominant or popular view,” he added.

Explaining the concept further, Justice Bhuyan said,

“Constitutional morality is the benchmark which the Constitution expects all of us to adhere to...It is essentially an attitude of respect and reverence towards fellow human beings.”

On judicial independence, he said,

“Judicial independence, which is the capacity of a judge to decide according to law free from improper influence, is an institutional necessity...This constitutional mandate demands that the judge be able to render decisions according to her conscience and reason, not convenience or favour.”

The judge went on to say that the bulk of India’s litigation is fought in the trial courts, adding that for many litigants, the trial court is the first and last court.

“A litigant should not be considered as a burden. It is for the litigant that the judicial system exists.”

On the supervisory jurisdiction of High Courts, Justice Bhuyan said,

“The supervisory jurisdiction of the High Court under Article 227 of the Constitution is designed as a shield, not as a sword...It exists only to correct grave jurisdictional errors, not to recast factual appreciation or to substitute the discretion of the trial judge with that of the High Court.”

Justice Bhuyan also spoke about gender representation in the Telangana judiciary. Noting that out of 478 serving judicial officers, 283 are women, and that in the Civil Judge Junior Division cadre, 160 out of 233 officers are women, he said,

“Entry of such large number of women officers into the judicial service is a welcome development...I believe it will certainly impact the nature and quality of justice dispensation.”

Calling for inclusivity, he said the judiciary “must have all the colours of the rainbow and in turn become a rainbow institution.”