Home Archives Volume 3, Issue 3 Articles Open access · CC BY-NC 4.0
Article Vol. 3 No. 3 (2020) PP. 1411 - 1421

Transformative constitutionalism: Contemporary Issues and Challenges in India

Lead author · Corresponding
Md. Saif Ali Khan
student at Siddhartha law college, Dehradun, India
Co-author
Dr. Sharafat Ali
Faculty at Siddhartha law college, Dehradun, India
View PDF Full text
3 views 0 downloads
Abstract

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

Type
Article
Information
International Journal of Law Management and Humanities, Volume 3, Issue 3, Page 1411 - 1421
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

Export citation


        
📢 Call for Papers — Volume IX Issue IV now open  ·  Impact Factor 7.010  ·  Indexed in HeinOnline, Manupatra & Google Scholar + 1000+ Libraries  ·  Free DOI Submit Now →
Chat with us