From Parchment To Progress: India’s Hybrid Path To Transformative Constitutionalism
Ishita Singh, Amity University Noida, Uttar Pradesh
Dr. Bhavna Batra, Amity University Noida, Uttar Pradesh
ABSTRACT
‘The Constitution is a living document”. This idea captures the essence of transformative Constitutionalism and India’s continuing Constitutional journey. The Constitution is far more than a static set of legal laws written on paper; it is a dynamic, evolving framework intended to actively shape and transform society. The Constitution possesses a deeply transformative nature, focusing specifically on reshaping the dynamics between citizens and the government, as well as among individuals themselves. This core mission directly shapes how the document is applied and interpreted over time.
This vision is enshrined in the Indian Constitution, which tries to balance justiciable rights with welfare goals to promote real national development. This paper deals with the transformation of the hybrid system in India from a written text to a catalyst of social change. It highlights the ways in which the courts connected individual rights to the obligations of the state, extended the notion of dignity in law, used public interest litigation to safeguard the interests of marginalised groups and made the state accountable for public welfare.
By comparing India, South Africa, and other transitional democracies, the study reveal that a constitution must evolve with its people. However, judicial action alone cannot change a nation; it requires a combination of political will, strong public institutions, and an active citizenry.
Keywords: Transformative Constitutionalism, Constitutional Morality, Living Constitution, Social Transformation, Hybrid Model
