Andhra Chief Minister Chandrababu Naidu with Chief Justice of India Ranjan Gogoi during the inauguration of interim High Court complex in Amaravati on Sunday. PTI
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Chief Justice of India Ranjan Gogoi on Sunday said constitutional courts must rely on the principles of constitutional morality to test the validity of State actions.
Speaking here after laying the foundation stone for the Andhra Pradesh High Court complex and inaugurating the interim HC building beside it, the CJI said the principles were devised as judges cannot apply their personal notions to judgments.
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“Whether it is a criminal court or civil, when justice is done, it is ultimately the principles of morality which are upheld, which are entwined with the law,” the CJI said. “As you go higher into Constitutional courts, the situation becomes complex. How a State should treat its citizens, whether the State is discriminating, whether the State is being unfair, if a legislation is invalid… These all have to be tested on the touchstone of moral principles. Now here is the danger. As judges we do not permit our individual notions to affect our judgment and decision-making process. Therefore what has been evolved are principles of constitutional morality, which is a better and safer and realistic test. As judges we never do something that we have to justify. The very thought of a judge justifying a decision is wrong. We do what is right, what we think is right, guided by constitutional morality.”
The issue of constitutional morality has drawn criticism from various quarters since the Supreme Court’s September 28, 2018, Sabarimala judgment when, by a 4-1 majority verdict, the apex court had lifted age restrictions on entry of women into the forest shrine. The verdict was hailed for establishing the supremacy of constitutional morality over customary laws, rituals and traditions.
Speaking at separate events, Union law Minister Ravi Shankar Prasad and Attorney General K K Venugopal had criticised this. In his address at Amaravati, the CJI also addressed the issue of pendency of cases and vacancies among judiciary, saying these have made the judiciary extremely vulnerable.
“It is alarming. There are three crore pending cases. But approximately 81 lakh cases are one-year-old so cannot be called pending. About 50 lakh are petty cases like violation of the Motor Vehicle Act etc. What is worrisome is there are 25 lakh cases which are 10 years’ old. It is not a good sign. Serious reflection is necessary. It requires commitment and devotion of judges to wipe out this black spot of judiciary as quickly as possible,” he said.
He said they were addressing the huge vacancy of nearly 5,000 judges in district courts and claimed the posts would be filled by the end of this year. “There are 392 vacancies in high courts but for 272 positions, no recommendations have been received. So I appeal to Chief Justices of states to send the recommendations. 130 appointments are in the pipeline.”
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Earlier, the CJI laid the foundation stone for the Andhra HC building at Nelapadu in Amaravati capital region, where a ‘Justice City’ will be developed. He also inaugurated the interim HC complex, which has 16 court halls. Once the HC building is completed, the interim complex will house the City Civil Courts.
At least a thousand advocates working in the Andhra HC at Hyderabad have shifted to Vijayawada, where the HC is functioning as of now.
Sreenivas Janyala is a Deputy Associate Editor at The Indian Express, where he serves as one of the most authoritative voices on the socio-political and economic landscape of Telangana and Andhra Pradesh. With a career spanning over two decades in mainstream journalism, he provides deep-dive analysis and frontline reporting on the intricate dynamics of South Indian governance.
Expertise and Experience
Regional Specialization: Based in Hyderabad, Sreenivas has spent more than 20 years documenting the evolution of the Telugu-speaking states. His reporting was foundational during the historic Telangana statehood movement and continues to track the post-bifurcation development of both Telangana and Andhra Pradesh.
Key Coverage Beats: His extensive portfolio covers a vast spectrum of critical issues:
High-Stakes Politics: Comprehensive tracking of regional powerhouses (BRS, TDP, YSRCP, and Congress), electoral shifts, and the political careers of figures like K. Chandrashekar Rao, Chandrababu Naidu, and Jagan Mohan Reddy.
Internal Security & Conflict: Authoritative reporting on Left-Wing Extremism (LWE), the decline of the Maoist movement in former hotbeds, and intelligence-led investigations into regional security modules.
Governance & Infrastructure: Detailed analysis of massive irrigation projects (like Kaleshwaram and Polavaram), capital city developments (Amaravati), and the implementation of state welfare schemes.
Crisis & Health Reporting: Led the publication's ground-level coverage of the Covid-19 pandemic in South India and major industrial incidents, such as the Vizag gas leak.
Analytical Depth: Beyond daily news, Sreenivas is known for his "Explained" pieces that demystify complex regional disputes, such as river water sharing and judicial allocations between the sister states. ... Read More
