Dr. Ansari Zartab Jabeen
Visiting faculty, Department of PG. Studies in Law,
Dr. Babasaheb Ambedkar Marathwada University,
Aurangabad 431001 Maharashtra
The constitution is called as living law of the land as it is transformed according to necessities of the time and situation. Judiciary’s activist role has still kept the spirit of constitution alive. The basic rationale of India’s Constitutionalism is to empower the state to bring about social transformation. Transformative constitutionalism paves way for increased protection of fundamental rights and freedoms. Transformation involves a disruption of the existing social structures. This article examines the idea of transformative constitutionalism and its implications for the adjudication of fundamental rights and freedoms. The article analyses the need of transformative constitutionalism for the judicial adjudication of rights. Through this article, an attempt is made to analyse the importance of transformative constitutionalism and concludes that the concept demands more from judges than has traditionally been understood in the two legal systems (reference is also made on the Sabarimala Judgment on women entry).
Keywords: Indian Constitution, Transformative constitutionalism, Judiciary in India, Judicial activism, Sabarimala Judgment on women entry