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VOL. 6, ISSUE 4 (2020)
Rejuvenating Indian constitution: A perspective of section 377 and Sabrimala verdict
Authors
Simran Lunagariya
Abstract
Role of Indian Judiciary in keeping the constitution alive as a living tree document has been profound. The Indian constitutionalism is post-colonial regime, which admires transformative society. There has been a history of struggle for catering fundamental rights and freedom to every citizen. The constitutional courts have played a pivotal role in breaking social and rigid structures and establishing new interpretations, with the help of constitutional morality in place of public morality. Constitutional morality ensures that every group of however minor they might be, are provided with state protection and autonomy. Court has adopted broader interpretation and not restricted itself to narrow cannon of interpretation. This would help to understand the relationship between state and citizen as well as nuance in the society created. The Indian judiciary has constructed a paradigm shift from stereotypical actions to novel ideas of a transformative constitution, such an approach will be beneficial for the future of democracy because it will help in establishing democratic politics. This article examines the stance of Indian judiciary in adopting the transformative approach for creating an egalitarian society. The landmark judgment of Sabrimala and Navtej Singh Johar has been analyzed in order to conclude that the Indian judiciary is not limited to constitutional originalism.
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Pages:153-158
How to cite this article:
Simran Lunagariya "Rejuvenating Indian constitution: A perspective of section 377 and Sabrimala verdict". International Journal of Law, Vol 6, Issue 4, 2020, Pages 153-158
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