Transformative Constitutionalism: The Indian Judicial Experience

Abstract

Transformative constitutionalism focuses on constitutional guarantees and tools in order to align the existing Constitution with the need of the changing times. It aims at effectively enforcing the spirit and ethos of the Constitution. The chapter analyzes the concept of transformative constitutionalism through the judicial experience. Firstly, it aims at understanding the meaning and nature of the concept of transformative constitutionalism by tracing its origin as well as its use across jurisdictions. Secondly, the chapter focuses on understanding the judicial approach towards the concept of transformative constitutionalism as a judicial tool for dispensing justice. Thirdly, the chapter traces the various developments in the Indian Judicial experience which have led to the strong establishment of Constitutionalism in India.  Fourthly, the chapter explores recent endeavors by the Indian judiciary which have helped materialize the idea of Transformative Constitutionalism in India. The chapter discusses various aspects where the Indian judiciary has consciously evolved and transformed ideals and values embedded within the framework of the Constitution fundamental rights. Lastly, the chapter summarises the effect and value of transformative constitutionalism, its limitations and potential in the times to come.