Transformative Constitutionalism: Role of Judiciary

Abstract

The use of transformative constitutionalism tries to bring out the solution arising in the process of enactment, interpretation and enforcement of the Constitution. The concept of transformative constitutionalism recognizes the changing nature of society and declares the Constitution as a transformative, legally binding document rather than a rigid one. It is only because of transformative constitutionalism the Supreme Court was able to deliver the significant decision whether it comes to the point of gender equality while entering religious places like Sabarimala or it is about the decriminalisation of same-sex relations or giving rights to the third gender. This demonstrates the impact of transformative constitutionalism towards the interpretation of the constitution of India.  It is also the citizen’s responsibility to bring and adopt the changes by making the job of the judiciary easier. Without the commitment of the judiciary to bringing up positive social changes, it would be impossible to carry out transformative constitutionalism, and that is exactly why it is important to have a proactive and independent judiciary to get the best outcome from the use of transformative constitutionalism.