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torvosaur's review
5.0
An important piece of scholarship, at a crucial juncture in Indian constitutional jurisprudence.
The Supreme Court has been in the news with several controversial judgments - dealing with adultery, LGBT rights, Aadhaar, Sabarimala Temple Entry - among various other determinations of rights. In determining the bounds of constitutional rights, there are several approaches - of which transformative constitutionalism is but one approach, and the one that the author advocates for in this book.
Dealing with 9 crucial judgments which advanced this reading of the constitution, the author takes us through the constitutional values of liberty, equality and fraternity as protected by the constitution, and how it envisions the transformation of relations between the state, society and citizens, in all their permutations.
Gautam argues with a lot of precision, avoiding jargon and long winded arguments. The book is a dense but insightful read, and also throws light at the rich discourse of civil rights and liberation movements that guided the makers of the constitution and the Indian republic. I really appreciated how he ties in struggles for labour rights, and feminist and anti-caste movements into the constitutional framework.
The footnotes also are a treasure trove of interesting books and essays. All in all, a strongly recommended read.
The Supreme Court has been in the news with several controversial judgments - dealing with adultery, LGBT rights, Aadhaar, Sabarimala Temple Entry - among various other determinations of rights. In determining the bounds of constitutional rights, there are several approaches - of which transformative constitutionalism is but one approach, and the one that the author advocates for in this book.
Dealing with 9 crucial judgments which advanced this reading of the constitution, the author takes us through the constitutional values of liberty, equality and fraternity as protected by the constitution, and how it envisions the transformation of relations between the state, society and citizens, in all their permutations.
Gautam argues with a lot of precision, avoiding jargon and long winded arguments. The book is a dense but insightful read, and also throws light at the rich discourse of civil rights and liberation movements that guided the makers of the constitution and the Indian republic. I really appreciated how he ties in struggles for labour rights, and feminist and anti-caste movements into the constitutional framework.
The footnotes also are a treasure trove of interesting books and essays. All in all, a strongly recommended read.
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