UPSC Ethics Simplified | What is the cornerstone of judicial integrity?

Episodes like these challenge the collective integrity of institutions and society; they test not just individuals, but the entire framework of trust. And that is the underlying truth we must grasp when analyzing such news in the media. Moreover, as a student of ethics who is expected to lead an ethical public life, you are expected to closely observe such incidents through a moral lens. In such cases, you must ask—or UPSC might, indirectly, without mentioning the incident—its most popular ethics-style question: in the grand theatre of law and justice, what role does ethics really play?

‘Be you ever so high, the law is above you’

We must remember the above words of Thomas Fuller. This quote highlights the importance of the rule of law—the idea that everyone, no matter their status or authority, is subject to the law and must be held accountable. This principle is fundamental to creating a fair and just society. Even the Supreme Court recently reminded all of us about public trust and constitutional oath through a recent case related to the power of Governors to deal with Bills presented to them. The Court said, “Hence, any action contrary to the express choice of the people, in other words, the state legislature, would be a renege of the constitutional oath…We find it apposite to observe that constitutional authorities occupying high office must be guided by the values of the constitution.” The court tried to accord primacy to the will and welfare of the people of the state, along the same line, the values of justice need to be reminded to all pillars not only through the sections of laws but also through ethical and moral lenses. Just a reminder before we proceed. Ethical societies have existed even in the absence of laws or formal constitutions throughout history. This moral sensitivity has been at the heart of justice institutions, which, on many occasions, have upheld the sanctity of conscience and preserved the integrity of moral oaths.

Values of justice and judicial life

The values of justice inherently promote the values of fairness. John Rawls’ theory of Justice as Fairness is based on the assumption that any conflict in society demanding justice should be addressed and resolved by establishing a fair method for selecting the principles by which such conflicts will be settled. Once this fair method for choosing principles is determined, the principles selected through it should serve as our guiding principles of distributive justice. His ethical decision-making model also emphasizes moral sensitivity, moral judgment, moral motivation, and moral action.

This brings us to an important aspect: the role of values in public life, especially within the judiciary. The Restatement of Values of Judicial Life (adopted by the Supreme Court of India on May 7, 1997) emphasises values such as impartiality, accountability, and integrity.

As it states:

Justice must not merely be done but must also be seen to be done. The behaviour and conduct of members of the higher judiciary must reaffirm the people’s faith in the impartiality of the judiciary. Accordingly, any act of a Judge of the Supreme Court or a High Court, whether in official or personal capacity, which erodes the credibility of this perception has to be avoided.

It also underlines that judges are under constant public scrutiny and must act in ways befitting the dignity of their high office. This principle applies equally to all public offices and institutions—any act or omission by an officer that is unbecoming of the position she holds can erode the public esteem associated with that office.

We all see our judges as the ‘North Star’—the moral compass of our Constitution. Judiciary is considered as a pillar of morality. Our legislatures and executives, too, are like glittering stars in this constellation. People place their trust in these institutions, and that trust continues to grow, fueled by hope. However, a common citizen often seeks answers to questions—questions that you, dear aspirants, might also be asked in your UPSC interview to assess your ethical quotient:

1. Why do some powerful individuals easily get bail while others do not?

2. Why is so much unaccounted money found in the homes of certain public officials?

3. Why are ordinary citizens mistreated by those in positions of power?

4. Why does justice take years—sometimes decades—for the most vulnerable in our social and economic pyramid?

5. And most importantly, why do we struggle to uphold a sense of justice without constant reminders of oaths, the Constitution, or the law?

Prioritising core universal values

In a society where values are instilled during an individual’s upbringing, ethics emerge as behavior—the output. However, if a society fails to prioritize core universal values at the individual level or within institutions such as marriage, family, and the professional sphere, the whole concept of moral sensitivity is reduced to mere ethical compliance.

How, then, would you answer: What is fairness in justice? What is the relevance of the story of human evolution and the reasoning capacity of a human being? Or, more simply: What is ethics?

Have you ever asked—Laws, rules, and the Constitution are made for whom? The answer is: for human beings. Even in this age of Artificial Intelligence, a human being is expected to understand the subtle differences between right and not-so-right conduct. Behavior or choice becomes truly meaningful only when values and ethics are not imposed like tariffs, but genuinely lived. Is that too much to expect from a public functionary or a responsible citizen?

And what about public sympathy? Does it shift depending on who is under investigation? In the world of justice, where does morality stand in the hierarchy of law? Ethics is meant to guide human conduct—it is a path that leads to personal conscience. But when you examine a contemporary issue like this through the lens of ethics, ask yourself: is ethics merely a set of rules we follow because we have to?

There’s a reason I pose such questions. After writing several articles for you in the Ethics Simplified series of UPSC Essentials by The Indian Express, it is expected that you recognise the importance of applied ethics connected to contemporary issues—not only for understanding theory and case studies in the ethics paper, but also for your life in particular.

Edited by Manas Srivastava

(The writer is the author of ‘Being Good and Aaiye, Insaan Banaen’, ‘Ethikos: Stories Searching Happiness’ and ‘Kyon’. He teaches courses on and offers training in ethics, values and behaviour. He has been the expert/consultant to UPSC, SAARC countries, Civil services Academy, National Centre for Good Governance, Central Bureau of Investigation (CBI), Competition Commission of India (CCI), etc. He has PhD in two disciplines and has been a Doctoral Fellow in Gandhian Studies from ICSSR. His second PhD is from IIT Delhi on Ethical Decision Making among Indian Bureaucrats. He writes for the UPSC Ethics Simplified (concepts and caselets) fortnightly.)

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