Transformative Changes In DPSP – A Clarion Call Of Transformative Constitutionalism

Dr. G.Rajasekar, Assistant Professor & Head i/c, Department of Legal Studies, University of Madras, Chepauk, Chennai

ABSTRACT

The objectives of Part IV of the Indian Constitution are to safeguard social and economic fairness, avoid wealth concentration, and guarantee that ownership and management of material resources are allocated for the benefit of the general public. Although DPSP cannot be legally enforced through court orders, it is assumed that it will give directions to the state when they create laws and regulations. Even though the DPSP is not enforceable through courts, the courts have shown an affirmative attitude while bringing a balance between fundamental rights and DPSP. The transformative constitutionalism aims to have a positive change in the society. In the recent years the judgments rendered by the supreme courts on several matters shows the trend of transformative constitutionalism. The judiciary has recently demonstrated a favorable and affirmative attitude regarding the significance that the DPSP accorded to the Welfare State concept. It has not only emphasized the need of adhering to the DPSP principles, but it has also established through multiple examples that it is co- equal with Fundamental Rights.

Keywords: Economic Fairness, Wealth Concentration, Ownership, Material Resources, General Public