International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

Call for Paper Volume 8, Issue 2 (March-April 2026) Submit your research before last 3 days of April to publish your research paper in the issue of March-April.
Submit Research Paper Join as a Reviewer

Plagiarism is checked by the leading plagiarism checker TurnItIn

Call for Paper

Volume 8 Issue 2
March-April 2026

Submit your research paper

Indexing Partners
Academia Advanced Sciences Index Bielefeld Academic Search Engine CiteSeer DRJI Google Scholar Independent Search Engine & Directory Network ISI (International Scientific Indexing) Issuu Mendeley Research Networks
RefSeek ResearcherId - Thomson Reuters ResearchGate Scirus Scribd Semantic Scholar UTeM - Universiti Teknikal Malaysia Melaka Wiki for Call for Papers WorldCat Zenodo

Constitutional Morality and Transformative Constitutionalism in India: A Critical Appraisal of Judicial Activism and Democratic Accountability

Author(s) Dr. Anil Singh
Country India
Abstract The emergence of constitutional morality and transformative constitutionalism in Indian jurisprudence has redefined the role of the judiciary beyond traditional interpretation, enabling it to act as an agent of social reform. Drawing inspiration from Dr. B.R. Ambedkar’s vision and South African constitutional thought, these concepts have increasingly shaped the Indian Supreme Court's reasoning in cases involving equality, liberty, privacy, LGBTQ+ rights, and secularism. However, this judicial empowerment has also drawn criticism for bypassing democratic procedures and parliamentary supremacy, leading to concerns about judicial overreach.
This research critically examines the trajectory of transformative constitutionalism and constitutional morality in Indian law, particularly in landmark decisions such as Navtej Singh Johar, Joseph Shine, Indian Young Lawyers Association, and Puttaswamy. It evaluates whether this trend strengthens the constitutional promise of justice and inclusivity or undermines the balance of powers through unchecked judicial activism.
The paper further explores the normative foundations of these doctrines, their comparative evolution, and the implications for democratic accountability. Through doctrinal analysis and comparative constitutionalism, the research argues for a framework where the transformative potential of the Constitution is realized without compromising institutional legitimacy or constitutional boundaries. This balance is essential to prevent the rhetoric of morality from becoming a judicial monopoly rather than a democratic mandate
Keywords Constitutional morality, Transformative constitutionalism, Judicial activism, Democratic accountability, Supreme Court of India, Separation of powers, Comparative constitutional law
Published In Volume 7, Issue 5, September-October 2025
Published On 2025-10-10
DOI https://doi.org/10.36948/ijfmr.2025.v07i05.57371
View / Download PDF File

Share this



E-ISSN 2582-2160
CrossRef

CrossRef DOI is assigned to each research paper published in our journal.

IJFMR DOI prefix is
10.36948/ijfmr

Downloads
Research Paper Format Copyright Permission Form and Undertaking Form Cover Page Vol 8 Isu 2Cover Page Vol 8 Isu 1Cover Page Vol 7 Isu 6

All research papers published on this website are licensed under Creative Commons Attribution-ShareAlike 4.0 International License, and all rights belong to their respective authors/researchers.

CC-BY-SA Open Access

About IJFMR
Fees & Payment
Current Issue
Publication Archive 		Submit Research Paper
Track Submission Status
Publication Guidelines
Publication Ethics
Peer Review & Plagiarism 		Join as a Reviewer
Editors & Reviewers
Reviewer Referral Program
Get Reviewer Membership Certi. 		Website/Journal Policies
Usage Policy
Content Policies
Privacy Policy
Contact Us +91-9687-828-838 editor@ijfmr.com
Powered by Sky Research Publication and Journals