Abstract

The idea of constitutionalism is not new rather it is embodied in human thought. Constitutionalism is the antithesis of tyrannical governance, which is based on the arbitrary will of a small group of people or an individual rather than the rule of law. All contemporary constitutions, from the British unwritten constitution to the American written constitution, allow for the fundamentals of constitutionalism; in fact, their very existence is an effort to restrict the scope of government. Transformative constitutionalism always plays a very significant role in transforming the society by protecting the basic principles of the Constitution, its value system and freedoms of the individuals. It is a way of interpreting the Constitution to bring social, economic and political change. The apex court of India always plays a vital role as a custodian and interpreter of the Constitution. In addition to it, Indian Constitution as a transformative constitution rather than a rigid always enabled the Supreme Court to make these reforms more effective. Various pronouncements are given by our esteemed judges of the apex court in the past couple of decades to bring positive changes and provide an outlook how the legal framework and mechanisms may change and improve in future. The main aim of the transformative constitutionalism is to maintain and strengthen the principles enshrined in the Constitution which cannot be achieved without the constant support of the judiciary alongwith the commitment to effect such constructive changes. The researcher in this paper has made an effort to explain the significant and inevitable role played by the Transformative constitution to define the essence of democracy and the constitution within it. The researcher has also analyzed the various pronouncements given by the apex court reflecting the transformative constitutionalism.

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