The Concept of Constitutional Transformation and The Sabarimala Judgment
Volume III, Issue II, 2020
Our whole system of conduct is based on our constitution and everything is supposed to work according to the guidelines and laws laid down by the constitution for its citizens. Therefore, the purpose of having a Constitution is to transform the society for the better and this objective is the fundamental pillar of transformative constitutionalism. It’s evident that the Constitution transformed the relationship between an individual and a state, it laid down several codes and conduct to be followed by its citizens for the smooth running of a country. But the question is, is the constitution stagnant by nature? The article answers the question with reference to the recent landmark case of Indian Young Lawyers Assn. v. State of Kerala.
The Article further explains what constitutional transformation actually means, its relevance in the present time and how it was referred to in many aspects of decision making. The concept of transformative constitutionalism, which is an actuality with regard to all Constitutions and particularly so with regard to the Indian Constitution, is, as a matter of fact, the ability of the Constitution to adapt and transform with the changing needs of the times. We can also see that in the post-independence India, many of the practices, rituals, taboos and gender-based inequalities have been variously brought down by progressive social reform movements, legislative developments, etc. Constitutional transformation as an ever evolving aspect and an unavoidable principle in the present scenario.
It also critically analyses the Sabarimala Judgment, how the war of religion and prevalence of gender inequality in the society ended up creating a stir in the legal system of the country. Towards the end of the article, it would like to positively end by suggesting some outlook towards the aspect of Constitutional Transformation and how prominent is its role in the Indian legal system