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By- ADITYANI SINGH RATHOR

In India, transformative constitutionalism has become one of the most potent yet controversial idioms of constitutional theory. Constitution was not intended to be an inert legal document; rather, it was intended to be a tool for fundamental social transformation. It has been warned, however, that the transformative enthusiasm of the judiciary, unless checked by a sense of principled restraint, runs the danger of degrading into some species of judicial populism, which will put the popular feeling before the constitutional devotion. The vulnerability of constitutional identity has also been noted to be especially at stake during high majoritarian times, when the counter-majoritarian role of courts is most severely exercised. Moreover, the judicial activism in the areas of liberty and dignity has been criticized to be unequal displaying disparities in the substantive and vigorous protection of rights. Lastly, it is pointed out that gender justice is not possible to achieve using doctrinal rhetoric but through long-term structural sensitivity and material responsiveness to experienced inequalities. This article contends that though transformative constitutionalism has enhanced Indian constitutional law, its utopian aspirations are at risk of becoming incoherent or excessive unless they are based on procedural safeguards, sociological realities, and institutional design.The article critiques the possibilities and the limits of transformation by taking key cases from Kesavananda Bharati to Puttaswamy and Navtej Singh Johar and situating them against contemporary crises, including mass surveillance, internet shutdowns, custodial violence, caste and gender hierarchies, and electoral opacity. In the context of India’s experienced inequalities, comparative lessons from South Africa, Colombia, and Europe are examined. In conclusion, the article suggests a reevaluated framework of transformative constitutionalism for the twenty-first century, which is founded on democratic dialogue, socio-legal sensitivity, and structured proportionality.

Keywords: Transformative Constitutionalism, Equality, Liberty, Justice, Constitutional Morality, Indian Supreme Court, Judicial Activism, Social Justice.