Ashish Pathak, B.A. LL.B., Pursuing LL.M. (Babasaheb Bhimrao Ambedkar University, Lucknow, U.P) & Pursuing P.G. Dip. In FS&MJ (Banaras Hindu University, Varanasi, U.P)
ABSTRACT
Transformative constitutionalism presents a distorted lens. Perhaps, asking ‘what is transformed and what is left intact’ by the acts of making constitutions is a crucial question. Struggles that shape historical change are always born outside the ornate chambers of constituent assemblies; yet, these assemblies lead to writing constitutions in ways in which that which is left ‘intact’ often overwhelms the elements of transformative vision. The political is the horizon of the revolution, not terminated but always continued, by the love of time. Every human drive-in search of the political consists in this: in living ethics of transformation through a yearning for participation that is revealed as love for the time to constitute. The dynamic, creative, continual, and procedural constitution of strength is political. The expression of the multitude and the continual creation of a new world of life remains its fundamental element. To take away this element from the political means to take away everything from it; it means to reduce it to pure administrative and diplomatic mediation, to bureaucratic and police activity that is, exactly to that against which constituent power, as the origin of the political, continually struggles to emerge in order to emerge as strength the routine of unchanged repetition constitutes the effects of dead labour, perverse inversions of constituent power, and cannot be used to define the political. In politics, we shall be recognizing the principle of one man one vote one value. In our social and economic life, we shall, by reason of economic structure continue to deny this principle. How long shall we continue to live this life of contradiction? If we continue to deny it for long, we will do so by putting our democracy in peril. The transformation that the society witness is not only in governance but also in the entities in whose hands the power to run the country now lay. Moreover, the transformation has been around for a long and will continue to exist in the current legal scenario.
Keywords: Constitutionalism, Intersectional Equality, Reasonable restrictions, Procedural Constitution, Governance, Inclusive, Discrimination
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