Library · Legal reference

Important Legal Definitions

Explore legal terms, clear definitions and practical examples.

← All definitions

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.