Transformative constitutionalism: Contemporary Issues and Challenges in India
Volume III, Issue III, 2020
According to professor Mcllwain constitutionalism has one essential quality it is a limitation on government, it is the anti-thesis of arbitrary rule its opposite is despotic government. The government of will instead of law. The limitation of the government by law is essence of the constitutionalism. However, The constitution of India is a living document and living law of the land, it is flexible in nature. The constitution of India marked by a transformative vision its recognizing its supremacy over all the law, custom, usage, practice. Transformative constitutionalism understand the law is dynamic in nature it will change accordance with the needs of the society it means overruling the precedent and enacting new law for social, economic and political justice which is the basic principle of the constitution of India .It is the commitment to substantive equality and improving the socio-economic condition in India. Transformative constitutionalism plays a vital role in order to protect the constitutional ideas of Liberty, Equality and Fraternity. This paper critically examine the transformative constitutionalism, contemporary issues ,The research paper also deal with the evaluation of transformative constitutionalism and outline the various challenges in India.
Key word; Transformative, Constitutionalism, anti-thesis, Arbitrary, Despotic