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The Preamble's vision of justice, liberty, equality, and fraternity supports 'Transformative Constitutionalism' — using the Constitution as a tool for social transformation to achieve substantive equality and dignity, not merely formal equality.
- True
- False
Answer: True
Transformative Constitutionalism and Preamble: (a) Core idea: Constitution not just limits state power but actively transforms society towards justice, equality, dignity, (b) Preamble foundation: Justice (social/economic/political), Liberty (with responsibility), Equality (substantive), Fraternity (dignity + unity) provide normative framework for transformation, (c) Mechanisms: (i) Judicial interpretation: Courts expand rights (Article 21 as umbrella right), apply proportionality test, protect marginalized groups, (ii) Legislative action: Rights-based laws (RTE, NFSA, POCSO) operationalize Preamble values, (iii) Executive implementation: Welfare schemes, institutional mechanisms (NHRC, NCPCR), (iv) Democratic practice: PIL, RTI, advocacy empower citizens to claim rights, (d) Applications: (i) Navtej Singh Johar (LGBTQ+ rights), (ii) Shayara Bano (gender justice), (iii) Puttaswamy (privacy as dignity), (e) Balance: Transformation through democratic practice, not judicial fiat; courts guide, legislatures legislate, executive implements. Illustrates Preamble's transformative potential: values guide adaptation to achieve substantive justice for all.