GK Question

polity hard mcq

Transformative constitutionalism, as applied in Indian rights jurisprudence, means:

  1. Constitution only limits state power without social change mandate
  2. Constitution is a tool for social transformation to achieve substantive equality and dignity through judicial interpretation, legislative action, and executive implementation
  3. Constitutional amendments require unanimous consent
  4. Judiciary cannot interpret Constitution dynamically

Answer: Constitution is a tool for social transformation to achieve substantive equality and dignity through judicial interpretation, legislative action, and executive implementation

Transformative constitutionalism in India: (a) Core idea: Constitution not just negative liberty (restraining state) but positive mandate to transform society towards justice, equality, dignity, (b) Mechanisms: (i) Judicial interpretation: Expanding Article 21 (privacy, health, environment), recognizing LGBTQ+ rights, gender justice, (ii) Legislative action: RTE Act, NFSA, RPwD Act, POCSO Act operationalizing rights, (iii) Executive implementation: Welfare schemes, institutional mechanisms (NHRC, NCPCR), (c) Preamble foundation: Justice (social/economic/political), Liberty (with responsibility), Equality (substantive), Fraternity (dignity + unity) provide normative framework. Distinguishes Indian constitutionalism from classical liberal models; emphasizes substantive rights realization.

Topic Rights Expansion - Transformative Constitutionalism
Exam Relevance Transformative constitutionalism concept critical for UPSC Mains and advanced SSC exams