All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

Practice Mode:
37.

The Supreme Court invoked the principle of ‘Transformative Constitutionalism’ in the case of

A: Navtej Singh Johar Vs Union of India (2018)
B: Suresh Kumar Koushal Vs Naz Foundation (2010)
C: Naz Foundation Vs Government of NCT of Delhi (2009)
D: Aruna Roy Vs Union of India, (2002)

The answer is: A

Explanation

The correct option is A: Navtej Singh Johar Vs Union of India (2018). This is the case where the Supreme Court of India decriminalized homosexuality by striking down Section 377 of the Indian Penal Code, which made consensual sexual acts between adults of the same sex a punishable offence.

The Supreme Court invoked the principle of ‘Transformative Constitutionalism’ in this case, which means that the Constitution is a living document that can be reinterpreted and adapted to the changing needs and values of the society. The Court held that the Constitution has the potential to bring about social change and ensure a more equitable and inclusive society. The Court also recognized the constitutional morality, which is based on the principles of dignity, liberty, equality, and fraternity, as a guiding force for interpreting the Constitution.

The Court said that the Constitution is not a static document, but a dynamic one that reflects the aspirations and hopes of the people. The Court said that the Constitution is not only a legal document, but also a social document that aims to transform the society for the better. The Court said that the Constitution empowers the judiciary to protect the rights and freedoms of the people, especially the marginalized and oppressed sections of the society.

Therefore, the Supreme Court invoked the principle of ‘Transformative Constitutionalism’ in the case of Navtej Singh Johar Vs Union of India (2018) to uphold the constitutional rights of the LGBTQ+ community and to strike down the colonial-era law that violated their dignity, privacy, and autonomy.