Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Transformative Constitutionalism
Constitutional & Public Law Doctrines
Definition
The concept that the Constitution is not merely a legal framework for running government, but an active instrument for social revolution designed to eradicate entrenched structural caste, gender, and economic hierarchies over time.
Example
In the Sabarimala Case (Indian Young Lawyers Association), the Supreme Court utilized transformative constitutionalism to strike down the customary exclusion of women of menstruating age, reading religious traditions through the lens of gender justice.