What causes India’s agricultural sector to use water so inefficiently? Make recommendations for ways to increase water efficiency. (Answer in 150 words)
On the occasion of Constitution Day 2019, we delve into the concept of Transformative Constitutionalism. Transformative Constitutionalism refers to the idea that a constitution is a tool for the profound transformation of a society, promoting values such as social justice, equality, and human rightsRead more
On the occasion of Constitution Day 2019, we delve into the concept of Transformative Constitutionalism.
Transformative Constitutionalism refers to the idea that a constitution is a tool for the profound transformation of a society, promoting values such as social justice, equality, and human rights.It actively work to rectify historical injustices and promote societal progress.
There are many recent case laws across various jurisdictions illustrate how courts are using constitutional principles :
NAVTEJ SINGH JOHAR CASE: It aided to end to decades of criminalisation of homosexuality.
In this landmark case, the Supreme Court of India decriminalized consensual homosexual acts by striking down Section 377 of the Indian Penal Code, which was a colonial-era law criminalizing
“carnal intercourse against the order of nature.” The court recognized the transformative nature of the Indian Constitution, emphasizing dignity, autonomy, and the need to protect marginalized communities from discrimination.
This decision was a significant step towards LGBTQ+ rights in India, transforming societal norms and promoting inclusivity.
Hence, using the constitution as a tool to address historical injustices, protect human rights, and promote societal progress, Courts play a crucial role in interpreting constitutional principles to achieve these transformative goals, ensuring that the constitution is not merely a static document but a dynamic instrument for positive societal change.
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