GANDERBAL: A special lecture on “Transformative Constitutionalism: The Role of Judiciary” was organised on Friday by the Department of Law, School of Legal Studies, CCUK. The lecture was delivered by the Chancellor, ICFAI University Prof Haragopal Reddy. Prof Reddy has been former Vice Chancellor, Acharya Nagarjuna University, Andhra Pradesh.
On the occasion, Prof Reddy discussed the jurisprudential contours of transformative constitutionalism right from 1998 onwards when Karl E. Klare published his pathbreaking article on Legal Culture and Transformative Constitutionalism. Tracing the trajectory of social transformation in the United States of America under the American Constitution, he talked about how, for about 60 years, the legal landscape of America was dominated by the paradigm of separate but equal under Plessey v. Ferguson. This racist principle was later turned down by the Supreme Court of America through the Brown v. Board of Education in 1954.
Addressing the gathering of students, faculty and research scholars, he elaborated on how the practical considerations should guide social transformation in India. The method of persuasion and peaceful democratic pressures should be the primary means through which India’s social and legal structures should be reformed. Citing important cases like Kesavananda Bharathi v. State of Kerala, NALSA v. Union of India and the Habeas Corpus Case, Prof Reddy comprehensively elucidated how transformative constitutionalism has resulted in some path- breaking developments with far-reaching consequences in India.
Welcoming the speaker, Prof Farooq Ahmad Mir Head and Dean, School of Legal Studies thanked the Vice Chancellor, Central University of Kashmir Prof (Dr.) A. Ravinder Nath for facilitating the department in organizing important academic events. Prof Mir remarked that transformative constitutionalism in India is best understood from the Dr B.R. Ambekar’s prism of social democracy. He invoked Granville Austen’s idea that the Indian constitution is the first and foremost social document for ushering in a social revolution. He demonstrated the important role of the judiciary in transformative constitutionalism in India by referring to multiple cases.
Earlier, Dr Gulafroz Jan, Sr. Assistant Professor, introduced the speaker and Dr Hilal Ahmad Najar, Academic Coordinator, Department of Law, SLS, proposed the vote of thanks. Mr Kingal Bagdi, Assistant Professor, moderated the Q&A session. Mr Bilal Ahmad Ganai, Sr. Assistant Professor Department of Law, the convenor of the program, conducted the proceedings.