Varnav Somwal, LLM, Amity University Noida
“The rights that are guaranteed as Fundamental Rights under our Constitution are the dynamic and timeless rights of ‘liberty’ and ‘equality’ and it would be against the principles of our Constitution to give them a static interpretation without recognizing their transformative and evolving nature. The argument does not lie in the fact that the concepts underlying these rights change with the changing times, but the changing times illustrate and illuminate the concepts underlying the said rights.”1
ABSTRACT
This research paper evaluates the principle of transformative constitutionalism with the help of the Indian Constitution. I have relied on two dynamic judgments of the Indian Supreme Court, Navtej Singh Johar and Sabarimala, and two judgments of the South African Supreme Court which form the core doctrines of transformative constitutionalism, to expound on the principle of transformative constitutionalism. Moreover, this paper explores the nature of constitutionalism found in India, specifically the evolution and applicability of the principle and compares it to that found in the Global South, especially United States. I have tried to trace the origins of the principle of transformative constitutionalism in the Indian jurisprudence and rationalized pedantically the need to inculcate the principle to make our society just, fair, and equal. Finally, this paper also offers a holistic understanding of the principle of transformative constitutionalism in a modern state
Keywords: Transformative constitutionalism, Constitutionalism, Navtej Singh Johar, Sabarimala, Global South.
