Question

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 Kaushal Vs Naz Foundation (2010)
• C. Naz Foundation Vs Government of NCT of Delhi (2009)
• D. Aruna Roy Vs Union of India (2002)

Hint:

The principle of ‘Transformative Constitutionalism’ was invoked by the Supreme Court in Navtej Singh Johar Vs Union of India (2018) to decriminalize homosexuality.

Answer 1

The Correct Option is A

Step 1: Understanding ‘Transformative Constitutionalism.’
The Supreme Court invoked the principle of 'Transformative Constitutionalism' in the case of Navtej Singh Johar Vs Union of India (2018), where the Court decriminalized Section 377 of the Indian Penal Code, thereby affirming the constitutional commitment to equality, human dignity, and privacy. The ruling marked a shift towards a more inclusive and progressive interpretation of constitutional rights.
Step 2: Explanation of the options.
- (a) Navtej Singh Johar Vs Union of India (2018): This is the correct answer, as the Court invoked 'Transformative Constitutionalism' to promote equality and social justice for the LGBTQ+ community.
- (b) Suresh Kumar Kaushal Vs Naz Foundation (2010): This case is the opposite of the transformative principle, as the Supreme Court upheld Section 377.
- (c) Naz Foundation Vs Government of NCT of Delhi (2009): This case involved the Delhi High Court's ruling that decriminalized homosexuality, but the Supreme Court later overturned it in 2013.
- (d) Aruna Roy Vs Union of India (2002): This case is unrelated to transformative constitutionalism and involves the Right to Information Act.
Step 3: Conclusion.
Thus, the correct answer is (a) Navtej Singh Johar Vs Union of India (2018).