The concept of transformative constitutionalism means the ability of the Constitution to adapt and transform with the changing needs of the times. It aims to create a more just and equal society through the interpretation and application of constitutional provisions.
It has at its core an urge to transform the Indian society so as to embrace therein, in letter and spirit, the ideals of justice, liberty, equality and fraternity as set out in the Preamble to our Constitution. The India Constitution’s transformative character has been highlighted in several recent cases as follows:

• Rights of LGBTQ: In Navtej Singh Johar v. Union of India case, the Supreme Court (SC) of India held that Section 377 is violative of Articles 14, 15, 19, and 21 of the Constitution. The Court relied on the principles of transformative constitutionalism and emphasized the need to recognize the dignity and rights of LGBTQ individuals, which was essential to building an inclusive and equal society.
• Sabarimala Temple entry case: In the Kantaru Rajeevaru v. Indian Young lawyers Association 2018, the Supreme Court of India allowed the entry of women of all ages into the Sabarimala Temple, which had previously barred women of menstruating age. The Court relied on the transformative nature of the Constitution and held that the exclusion of women violated their fundamental rights and was inconsistent with the Constitution’s guarantee of equality.
• Abortion rights to unmarried women: The SC in X v. the Principal Secretary, Health and Family Welfare Department, Government of NCT Case 2022 allowed an unmarried woman to terminate her pregnancy emphasising that irrationally discriminating between married and unmarried women in the context of access to abortions would violate the right to equality, to reproductive autonomy, privacy, and dignity of the latter.
• Coparcenary rights to women: The Supreme Court of India passed a landmark judgment in Vineeta Sharma v. Rakesh Sharma Case 2020, to amend the Hindu Succession (Amendment) Act, 2005 and align with the constitutional belief of gender equality. The judgment re-affirmed equality in the treatment of sons and daughters by the law for the purposes of succession.
• Decriminalisation of Adultery: The Supreme Court struck down Section 497 of the Indian Penal Code, and decriminalised adultery in India (it remains a “civil offence”) in Joseph Shine v. Union of India Case 2018. The judgment is important as it got rid of an archaic and patriarchal law based on gender stereotypes, which was seen to be violating Articles 14 and 15 of the Indian Constitution.
• EWS Reservation Case: The Supreme Court upheld the validity of the 103rd Constitution amendment in Janhit Abhiyan v. Union of India case 2022, providing 10 per cent reservation to people belonging to the economically weaker sections in admissions and government jobs. It emphasized that as a step forward towards transformative constitutionalism, we need to revisit the system of reservation in the larger interest of the society as a whole.

The sole goal of transformative constitutionalism is to maintain and strengthen the principles of our humane constitution. By interpreting the constitution in such a way that more and more societal interests are served, the Supreme Court plays an essential role in balancing societal interests with social changes.