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The IUP Journal of Law Review

Legacy of Transformative Constitutional Jurisprudence in India

Article Details

Pub. Date	: July' 2023
Product Name	: The IUP Journal of Law Review
Product Type	: Article
Product Code	: IJLR020723
Author Name	: Tamal Gupta and Sudhansu Ranjan Mohapatra
Availability	: YES
Subject/Domain	: Arts & Humanities
Download Format	: PDF Format
No. of Pages	: 07

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Abstract

The Constitution of India glorifies not only political sovereignty but also economic freedom. The dynamism of law is seen as a crucial factor in societal transformation. The constitution serves as the foundation for individual rights and provides mechanisms to protect fundamental rights. The principle of rule of law is essential for constitutionalism. In a federal structure, the constitution's supremacy is a fundamental feature, and parliamentary affairs should not overshadow it. The judiciary plays the most pivotal role in interpreting legislative and executive actions, contributing to the essence of constitutionalism. Judicial dynamism has been instrumental in safeguarding the rights of citizens against arbitrary state actions. The essence of constitutionalism also supports social transformation through legislative modernization, contributing to societal development. Therefore, as noted in this paper, the concept of constitutionalism promotes a philanthropic constitutional essence aimed at establishing a welfare state as well as maintaining social equilibrium.

Introduction

In a changing society, the dynamism of law is one of the cardinal factors beckoning social transformation. Being the paramount law of the country, the Indian Constitution is not only the basic law of the individual for upholding their rights but also provides an efficient mechanism to protect the basic fundamental rights of the citizen of India. Constitutional democracy glorifies not only political freedom but also economic freedom. Therefore, the etymological concept of constitutionalism basically depends on the uniformity of the constitution, and the principle of rule of law is the sine qua non of constitutionalism. The principle of separation of power, which is mentioned to in the Indian Constitution under Article 50, also uplifts the spirit of constitutionalism. In a rigid constitution, the Judiciary also plays the most pivotal role. The entire fabric of the constitution is promoted by the judiciary. The dynamism of the judiciary also efficiently enhances the true essence of constitutionalism which is very much inherent in constitutional legislation. Hence, it may be stated that judicial dynamism has created a revolution in the promotion of constitutionalism when the rights of the common people are vigorously eclipsed by the arbitrary actions of the state and its agencies.