Transformative Constitutionalism in India: Judicial Interpretation, Social Justice, and the Expanding Scope of Fundamental Rights

Rajendra

Transformative Constitutionalism in India: Judicial Interpretation, Social Justice, and the Expanding Scope of Fundamental Rights

Author(s)	Rajendra
Country	India
Abstract	Transformative constitutionalism has become a hallmark of Indian constitutional jurisprudence, as it represents the active understanding of constitutional values to advance social justice and increase the range of fundamental rights. The vision of a just, egalitarian, and democratic society is reflected in the Constitution of India that was adopted in 1950. The judiciary, especially the Supreme Court of India has been instrumental in achieving this vision over the decades through its progressive and purposive interpretation of the constitutional provisions. This paper is a critical analysis of how transformative constitutionalism has been developed in India by judicial interpretation, with reference to the extension of fundamental rights and promotion of social justice. The paper examines historic constitutional rulings that have been made, such as Kesavananda Bharati v. Maneka Gandhi v. State of Kerala. Union of India, Minerva Mills Ltd. v. Union of India, Olga Tellis v. Vishaka v. Bombay Municipal Corporation. National Legal Services Authority v. State of Rajasthan. Union of India, and Justice K.S. Puttaswamy (Retd.). v. Union of India. Such rulings show how the judiciary has broadened the interpretation of constitutional rights by introducing the concept of dignity, equality, and liberty in the context of Articles 14, 19, and 21 of the Constitution. This paper contends that transformative constitutionalism in India has facilitated the ability of courts to deal with structural inequalities and safeguard the marginalized communities and enhance democratic governance by analyzing the developments in doctrines, judicial trends and empirical patterns in constitutional adjudication. Simultaneously, the paper assesses the most important controversies of judicial activism, separation of powers, and institutional legitimacy. The paper concludes that despite the fact that transformative constitutionalism has greatly expanded the range of fundamental rights, its success in the long term is subject to the successful legislative backing and institutional execution. The paper has brought out the relevance of transformative constitutionalism in the future of Indian constitutional law through an in-depth doctrinal and empirical examination.
Keywords	Transformative Constitutionalism; Fundamental Rights; Judicial Interpretation; Social Justice; Constitutional Morality; Basic Structure Doctrine
Published In	Volume 4, Issue 7, July 2023
Published On	2023-07-13

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Transformative Constitutionalism in India: Judicial Interpretation, Social Justice, and the Expanding Scope of Fundamental Rights

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