The purpose of having a Constitution is to transform the society for the better and this objective is the fundamental pillar of transformative constitutionalism. Discuss with the help of recent case laws. (Answer in 150 words)
Main Body
Constitution Laws helps to the core ideologies on whose premise our constitution is based. Article 14-26 (Fundamental Rights), Article 37-50 DPSP and preamble contain essence of constitution alium in Indian context. Constitutionalism: Turns forming of the society. (1) Upholding fundamental rights all irrespective of there status - LGBTQ+ rights in Naz foundation case. (2) Bring positive changes in the society - Banning Triple Talaq in Shayama Brno case (2017). (3) Constitutional morality over societal morality - Sabarimala Verdict. (4) Evolving new courtesies based on needs of changing society - Right to privacy in Ituleswamy judgment (2018). (5) Upholding core vision of our are fathers - Bare Structure doctrine - Right to dignity to prostitutes (Budhadev Karmakar case).
Pakshal
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Significant Provisions
Constitutional Morality and Transformative Constitutionalism
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