The Transformative Constitution
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Shortlisted for the Tata Literature Live Non-fiction Book of the Year Award and Hindu Prize for Non-fiction
The Constitution of India embodies a moment of profound transformation – one in which the subjects of an alien, colonial regime became the free citizens of a republic. Yet, this is the story of constitutions the world over. The Indian Constitution was, however, transformative in a second sense as well: it sought a thorough reconstruction of State and society itself.
It recognized that, unlike in the West, the State had never been the only power centre in India. Deeply pervasive hierarchies were maintained by structures that took various forms – caste, for instance – and the State had limited authority to interfere. The Constitution, then, was intended to transform not just the political status of Indians from subjects to citizens, but also the social relationships on which legal and political edifices rested.
The Transformative Constitution is an attempt to understand – and to give primacy to – this original transformative vision of the Constitution. Gautam Bhatia interprets India's founding document in a way which is faithful to its text, structure, and history and, above all, to its overarching commitment to political and social transformation.
He picks out nine cases – and analyses their judgments in painstaking detail in the context of seven decades' worth of Indian jurisprudence – to show how they advance the core principles of equality, fraternity, and liberty enshrined in it.
Gautam Bhatia is a Delhi-based advocate and an Adjunct Professor at the Jindal Global Law School. He is the author of The Transformative Constitution (2019) and Unsealed Covers (2023). He has been involved in several contemporary constitutional cases, such as the challenge to the abrogation of Article 370, the electoral bonds case, the right to privacy case, and others. His work has been cited by the Indian Supreme Court, and by various High Courts. He has served as amicus curaeon two occasions before the Supreme Court of Kenya. He is also the author of three science-fiction novels, The Wall (2020), The Horizon (2021), and The Sentence (2024).
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