Autonomy, Dignity, and the Transformative Constitution

Thu, 26 Nov 2020 06:03:47 +0000

In my book, 'The Transformative Constitution' (HarperCollins 2019), I argued that the Indian Constitution was transformative in two ways: first, it transformed the relationship between the individual and the State. Erstwhile subjects of the colonial regime became free citizens of a free country, with inalienable rights of their own. And secondly, it sought to transform the relationship between individuals and social power. The framers of the Indian Constitution understood that the State was not the only source of power and oppression in a person’s life, but the social groups and communities – whether religious, caste-based, or even the family – could post an equal threat to happiness, well-being, and dignity. Consequently, the Indian Constitution was democratic in its deepest sense: it aimed to democratize both the public sphere and the private sphere, and ensure that the constitutional values of liberty, equality, and fraternity would be equally applicable in both.