The Transformation of the Concept of Socio-economic Rights in India through the Tool of Transformative Constitutionalism: An Analysis through the Landmark Judgments

Abstract

The very concept of ‘Dignity’ of a human being which is the fundamental distinguishing factor between humans and animals, is resting in the factor of the availability of resources within a given socio-economic and political framework within a certain geopolitical area. On the basis of the different variety of resources, the notion of the concept of social and economic demands of the people of a particular territory depends and on this very note, the concept of Socio-economic Rights undergoes transformation. This transformation, is a tool, by which a Thesis (the traditional viewpoint) changes into Synthesis (new ideas giving way to the changing dynamics of the society) and giving shape to a new social order, enabling humans to develop a modern cognitive domain of thinking, reasoning and internalizing the changing dimensions of the society. Social change, is a phenomena which is closely associated with the concept of ‘Rights’ of the people allowed within a given legal framework and the changing equations between these different Rights allow the society to mould itself with the changing geo-politics. In view of the above, the paper focuses on the journey and transformation of the concept of Socio-economic Rights in India since the very inception of the Constitution of India and also intends to look into the major factors that aided the Transformation of the Constitutional Ethos within the country with reference to some of the landmark judgments coming from the Supreme Court of India through jurisprudential insights.