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Trending: Call for Papers Volume 5 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

EVOLVING CONSTITUTIONALISM IN INDIA: A HISTORICAL AND CONTEMPORARY PERSPECTIVE – Devendra Pandey

Abstract

The Indian Constitution, a foundational document adopted in 1950, has undergone significant evolution through historical events, judicial decisions, and socio-political changes. This article explores key aspects of Indian constitutionalism, including the imposition of Emergency (1975-77), its aftermath, and subsequent reforms. It examines contemporary issues such as the rise of judicial activism, the impact of economic liberalization and globalization, and ongoing debates around secularism and federalism. Additionally, the article offers a comparative analysis of Indian constitutionalism with global trends, focusing on the U.S., European Union, and South Africa. Through case studies like Puttaswamy v. Union of India (2017), Aadhaar (2018), and the Citizenship Amendment Act (2019), the article delves into contemporary constitutional debates, highlighting challenges faced by India in safeguarding individual rights, social justice, and democracy. Finally, it reflects on the future directions of Indian constitutionalism, stressing the need for a dynamic interpretation that addresses evolving socio-political realities while upholding constitutional values.

Keywords: Indian Constitution, Judicial Activism, Emergency, Secularism, Federalism, Public Interest Litigation (PIL), Right to Privacy, Aadhaar, Citizenship Amendment Act, Globalization, Comparative Constitutionalism.