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Constitutional Morality supports 'Transformative Constitutionalism' — using the Constitution as a tool for social change to achieve substantive equality and justice, not merely formal equality.
- True
- False
Answer: True
Transformative Constitutionalism and Constitutional Morality: (a) Core idea: Constitution not just limits state power but actively transforms society to realize justice, equality, dignity, (b) Constitutional Morality enables this: (i) Courts interpret provisions to advance marginalized groups (e.g., Vishaka guidelines on sexual harassment), (ii) State obligated to take affirmative action (Articles 15(4), 16(4)), (iii) Rights interpreted expansively (Article 21 includes health, education, environment), (c) Applications: (i) Navtej Singh Johar (LGBTQ+ rights), (ii) Shayara Bano (gender justice in personal law), (iii) Puttaswamy (privacy as foundation for autonomy), (d) Balance: Judicial activism respects separation of powers; courts guide, legislatures implement, executive administers. Illustrates dynamic constitutionalism: values guide adaptation to contemporary challenges while preserving core identity.