Supreme Court: Expounding Philosophy of The Constitution of India
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Abstract
This paper discusses the Supreme Court of India's evolution of the
"expounding philosophy of the Constitution of India that evolves the nature of
transformative jurisprudence" in India and its dimensions through the judicial process.
Social, economic, cultural and political forces have significantly inspired the
'conservative reformation' of constitutional justice. The Supreme Court's decisions over
the last six decades indicate that we have entered an arena characterised by the
development of the basic structure doctrine, public interest litigation, sustainable
development, sustainabUity of the various ecosystems, State as the public trustee of
environmental protection, instrumentality and agency, reasonable, just and fair
procedural justice, post-decisional hearing, human dignity, etc. Aa no
bhadhrakratvqyantoovisvata (Rig-Veda) is the fountainhead of Indianprudentiajuris.
This paper highUghtr the-get&sis, philosophy, contours and dimensions of the evolution
of "expounding the transformative jurisprudence" reflected in and deducible from tht
judgments of the Supreme Court. In the backdrop of the above, a modest endeavor have
been made to analyse the judges' philosophy, as reflected in and deduced from their
judgments.
