An Analysis Of Transformative Constitutionalism In India And The Role Played By The Judiciary In Shaping The Constitution
- IJLLR Journal
- Mar 2
- 1 min read
Updated: Mar 6
Dr. Shweta Joshi, Assistant Professor, Manipal University Jaipur
Alpika Srivastava, Research Scholar, Manipal University Jaipur
ABSTRACT
Transformational constitutionalism has existed as a political doctrine for a considerable period of time. The South African Constitution is a prime resource for investigating the roots of these ideas. The concept at the core of this transformative constitutionalism vision is that it is exceedingly challenging, if not unattainable, to ascribe to or connect to the Constitution of any specific nation. This is due to the intrinsic universality of the concept. It strives to optimise constitutional safeguards and methods to establish a more progressive society. This initiative aims to equalize opportunities in society and foster a spirit of inclusivity for all individuals. The academic community recognizes that pursuing "substantive equality" is a crucial strategy for at least partially achieving this goal. Implementing affirmative action programmes and ensuring the implementation of socioeconomic rights, especially those that protect the interests of marginalised communities, would be crucial in attaining this objective. This article's main goal is to help readers comprehend the idea of transformative constitutionalism's historical development. This article also seeks to educate readers about transformative constitutionalism and its possible functions, should it be completely realized, within the Indian constitutional framework.
Keywords: Legislative branch, substantive equality, sexual minorities, gender justice, and transformative constitutionalism.
