Transformative Constitutionalism: Renaissance Of Fundamental Rights And The Expanding Role Of Constitutional Courts In India
- IJLLR Journal
- Mar 31
- 2 min read
Ankit Yadav, Research Scholar (Senior Research Fellow), University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, Delhi, India
ABSTRACT
Transformative Constitutionalism in India signifies not only the dynamic evolution of the constitutional framework but also the vital role of the judiciary in promoting and protecting fundamental rights. The doctrine embodies a commitment to advance substantive equality, liberty, and social justice through the dynamic interpretation and enforcement of constitutional norms and values. This paper undertakes an analysis of the evolutionary trajectory of fundamental rights within the Indian constitutional framework, with particular emphasis on the doctrine of transformative constitutionalism. It explores the distinction between the mere existence of a Constitution and the concept of Constitutionalism, elucidating the imperative of limited government as an essential check against arbitrary State power.
Drawing upon the jurisprudential philosophies that underpinned the drafting of the Indian Constitution, the study demonstrates that fundamental rights are not only enforceable legal guarantees but also instruments to uphold the dignity and meaningful existence of individuals in a democratic society. The research examines how the judiciary, in its role as the constitutional guardian, has fostered a transformative reading of the Constitution, thus promoting an expansion in the scope of fundamental rights in response to changing societal needs.
Through critical analysis of landmark judgments and the application of the anti-stereotyping principle, the research highlights the critical function of Constitutional Courts in actualizing social justice, equality before law, and inclusive participation. The concept of transformative constitutionalism is posited as the methodological backbone for progressive constitutional interpretation, requiring that every judicial innovation be substantiated by the founding principles of the Constitution.
In the end, the study concludes that the Indian Constitution is a living document, its vitality sustained through the dynamic engagement of the judiciary and that transformative constitutionalism constitutes an indispensable framework for safeguarding fundamental rights, advancing substantive equality, and promoting the rule of law in Indian democracy.
Keywords: Fundamental Rights, Transformative Constitutionalism, Social Justice, Rule of Law, Egalitarianism, Constitutional Morality, Judicial Activism, etc.
