Transformative Indian Constitutionalism: Problems And Prospects

Indian constitution is the product of conscious ideological struggle. It aims to annihilate all forms of discrimination prevalent in contemporary society. It also aims to reconstitute India in to socialist, secular, democratic, republic by securing justice, liberty, equality and fraternity to its citizens. In other words, it is a long-term plan for reconstruction of society through egalitarian revolution. The preamble endorses this objective. Therefore, the constitution is considered as transformative. The Indian constitution also upholds the principle of rule of law, separation of powers as well as judicial review. This connotes the notion of constitutionalism. Social contractarian thinkers, philosophers of natural law school of jurisprudence endorse this fact. The judiciary has been instrumental in social transformation. But the historic social prejudices many a times have hampered the transformation. Dr. Ambedkar, in his speech in Constituent Assembly, has warned that without social and economic democracy political democracy would fail to succeed. Therefore, Dr. Ambedkar’s expectations regarding ‘constitutional morality’ can be helpful in materializing the constitutional dream in true sense.