• Neetishri Sharma

Transformative constitutionalism is based on the fundamental goal of transforming society for the better, i.e., making it more progressive and inclusive, and this aim is a fundamental pillar of transformative constitutionalism. When it comes to realizing constitutional goals, transformative constitutionalism takes a rational approach that prioritizes protecting individuals' fundamental rights and freedoms. Transformational constitutionalism is built around the judiciary because it places faith in the law as a tool for social and political change. As a result, courts act as catalysts for change because they have the authority to interpret and apply the law, which makes them the most important element of the system. South African jurisprudential experience was the first to draw the attention of legal scholars to the concept of Transformative Constitutionalism, which emerged as a result of that experience. In South Africa's case, the desire to right historical wrongs from the apartheid era played a role in the country's acceptance of the concept of Transformational Constitutionalism. In the Indian constitution, various provisions are used to demonstrate the constitution's transformative intent. Liberty, equality, fraternity, and justice are some of the aspirations of the people expressed in the Preamble of the Constitution.

Constitutionalism, Transformative, Constitution, Fundamental Rights, Supreme Court

"Transformative Constitutionalism: A Conceptual Journey from South Africa to India", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.8, Issue 10, page no.b783-b787, October-2021, Available :http://www.jetir.org/papers/JETIR2110186.pdf

"Transformative Constitutionalism: A Conceptual Journey from South Africa to India", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.8, Issue 10, page no. ppb783-b787, October-2021, Available at : http://www.jetir.org/papers/JETIR2110186.pdf