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The Preamble's vision of justice, liberty, equality, fraternity reflects 'transformative constitutionalism' - using the Constitution as a tool for social transformation, not merely reflecting existing social norms but actively reshaping society towards substantive equality, dignity, inclusive development.
- True
- False
Answer: True
Transformative constitutionalism from Preamble: (a) Concept: Transformative constitutionalism = Constitution as instrument for social change, not just framework for governance; actively reshapes society towards constitutional values of justice, liberty, equality, fraternity, (b) Preamble foundation: Preamble's transformative vision: (i) Justice: Not just formal equality but measures to remove structural inequalities, (ii) Liberty: Not just negative freedom but enabling conditions for meaningful autonomy, (iii) Equality: Not just treating likes alike but affirmative action for historically disadvantaged, (iv) Fraternity: Not just coexistence but active promotion of mutual respect, shared constitutional identity, (c) Applications: (i) Affirmative action: Reservation policies (Articles 15(4), 16(4)) operationalize transformative equality by addressing historical disadvantage, (ii) Gender justice: Vishaka guidelines, Shayara Bano judgment use constitutional values to reform discriminatory practices, (iii) LGBTQ+ rights: Navtej Singh Johar uses dignity, equality to decriminalize homosexuality, advance substantive inclusion, (d) Judicial role: Courts as facilitators of transformation: (i) Interpret constitutional provisions in light of Preamble values, (ii) Balance respect for democratic process with protection of constitutional values against majoritarian excess, (e) Illustrates living constitutionalism: Preamble's transformative vision enables constitutional adaptation to contemporary challenges; balance between respecting democratic process and advancing constitutional values essential to transformative constitutionalism.