Introduction

We are all familiar with the phrase "constitution," which refers to the supreme law of the land, a set of rules and regulations for governing a country, and many more definitions.”“It is possible to have both a written and an unwritten constitution.”“India has a written constitution, whereas the United Kingdom has an unwritten one.”“However, the majority of us are unfamiliar with the phrase "constitutionalism."” “Constitutionalism is a philosophy or ideology that advocates for the rule of law.”“To put it another way, constitutionalism is a goal, and the constitution is a tool for achieving it.”“Constitutionalism has evolved into a critical component of any state's political life that can no longer be overlooked.”“It carries out its conflict prevention and resolution responsibilities.” “It is the belief that the government's power should be limited, and that its authority is contingent on the government's adherence to those constraints.”“The Constitution is just a legal and moral framework that establishes or establishes these constraints.”“According to constitutionalism, the constitution not only grants powers to the government's various organs, such as the executive, legislative, and judicial branches, but also seeks to limit those powers. A country may have a constitution, but that does not mean it is constitutional.” “In other words, Constitutionalism opposes concentrating all authority in a single organ and instead favours limiting these powers.”“As a result, constitutionalism is also known as "Limited Government," and the "constitution" is the source of these power restraints.[i]

The emancipatory goal of transformative constitutionalism is based on the belief that large-scale social transformation within a democratic system can be achieved through the process and instrumentality of the law.”“Transformative constitutionalism promotes a reading of the constitution that avoids formalism, pure positivism, and legalism, and instead recognises and responds to the realities of hierarchical structures and power relationships within a society.[ii]

Concept of Transformative Constitutionalism

We live in a rapidly evolving world that changes on a regular basis. As a result, in order to keep up, society must undergo some modifications.”“These amendments must be made to the country's constitution.”“The Constitution is a text that aims to bring about societal change.”“To put it another way, the constitution needs to change to keep up with the pace of civilization.

Transformative constitutionalism is an idea that has been around for a long time.”“It has been around since 1998 and was initially detailed in an article by American Professor Karl Klare titled Legal Culture and Transformative Constitutionalism.””[iii]The study of the South African Constitution and the freedom movement inspired the concept of transformational constitutionalism.”“He described transformative constitutionalism as a "long-term endeavour" that altered political and social institutions through the Constitution's enactment, interpretation, and enforcement.”“He also stated that the theory was futuristic in nature, implying that the goal was to develop the existing democracy and better it in the long run.

 

Constitutionalism encompasses the concept of adhering to the basic structure of values defined by a system of government.”“Transformation refers to a structured method of bringing about change, whereas constitutionalism refers to the concept of adhering to the basic structure of values defined by a system of government.”“The term transformational constitutionalism refers to the combination of these two ideas.”“Transformative constitutionalism is a subjective interpretation process.”“There isn't a single definition or understanding of it.”“In truth, each definition is hotly debated and as of today, there is no consistent grasp of the notion.

Transformative constitutionalism has taken on numerous meanings now, as it does with all successful endeavours, and much more so now that it has become a notion of comparative law.”“"If there is a philosophy that embraces the goal of constitutions as society's new moral and political base, this concept is transformative constitutionalism," says one of the most well-known definitions.”“Many countries, including Europe and the United States, have constitutions that serve to establish a new political and moral foundation for their societies, particularly when they emerge from the victory of a revolutionary movement, as in the early French constitution, or when they are adopted in response to past horrors, as in Germany and many Eastern European states.[iv]

Different interpretations of Transformative Constitutionalism

Transformation from a colonial rule to self-governance

This is regarded as a sort of transformative constitutionalism in the sense that a new framework for the Indian government was adopted in a systematic manner.”“When India attained independence from British colonial rule on August 15, 1947, an example of transformative constitutionalism was seen, according to this interpretation.”“The shift occurred not only in terms of government, but also in terms of the entities in charge of running the country.”“India was converted from a country ruled by foreign colonisers to one ruled by its own people, who were able to choose their own government and leaders.

Although the Government of India Act 1935 adopted a majority of the British rulers' framework, the change prepared the way for a new government that was formed by the people, for the people, and by the people.”“The Constitution introduced new values, such as dharma and justice.”“The system's transition to support these ideals was a constitutional requirement.”“As a result, transformative constitutionalism can be defined as the methodical acceptance of a new framework for the Indian government and the creation of the Indian Constitution.

Transformation of society and state

This interpretation is less event-specific and instead focuses on the country's ever-changing legislative and administrative changes.”“According to interpretation, the way a state acts in connection to the way society functions, and vice versa, is constantly changing.”“Both the state and society are influenced by one another, and both are evolving and changing.”“This is also known as transformational constitutionalism, in which the Constitution's essential values are upheld through change, such as in the judicial system.

One contemporary example is the 2018 case of Navtej Singh Johar versus Union of India, in which a component of Section 377 of the Indian Penal Code was decriminalised because it prohibited consenting acts of sex between members of the LGBT community.”“After more than 70 years of independence, the demands of society evolved, prompting this transformation.”“This type of transformational constitutionalism can be found in a number of other places.

Transformative Constitutionalism in India

Transformative constitutionalism was implemented in India as well, beginning in 1933.”“In 1933, the British established communal prizes, which required distinct representatives in Hindu, Muslim, and Christian languages.” “The depressed classes were also given a number of seats, but only the depressed classes were allowed to vote for them.” “MK. Gandhi reacted by going on a hunger strike, which ended with the Poona Pact, a pact between M.K. Gandhi and B.R. Ambedkar.”“Some rules were relaxed as a result of the agreement. M.K. Gandhi saved the country at the moment, but he had no idea what would happen in the future; the reservation system would just become a means of increasing the vote bank.

Similarly, important reforms such as the repeal of Articles 370 and 35(A) have occurred.”“These adjustments may have imposed a financial strain on Pakistan and Kashmir, but they were compelled by the dire situation.”“One example of transformational constitutionalism is the legalisation of the LGBTQ committee.”“This is how the dynamism of a constitution contributes to the development of a country and its people.

Our constitution is 73 years old, yet it is the legal profession's or legislature's responsibility to keep it up with the times.”“We are all aware of the annual dispute between India and China, which also needs to be settled.” “Since 1950, the constitution has undergone a number of modifications, but there are many more on the way.

In some of the most important judgments in Indian society over the last two decades, there are various examples of transformative constitutionalism.”“These are an attempt to bring about good change and provide a glimpse into how the legal structure and mechanisms may develop and improve in the future.” “One such example is the Ayodhya verdict.

M Siddiq (D) The Lrs vs. Mahant Suresh Das & Orswas a complicated case centred on a land dispute between two religious communities.”“The contested site is located near Ramkot, Ayodhya, and Hindu devotees believe it to be the birthplace of Lord Ram.”“The Babri Masjid, a mosque erected under the command and authority of Mughal Emperor Babar, was constructed on the same plot of land.” “Several Hindus felt insulted because the Mughals had taken over the region they venerated as the birthplace of their deity during their reign.” “During a political protest on December 6, 1992, Hindu extremists demolished the Babri Masjid.”“Following this, a complaint was filed with the Allahabad High Court, which determined that the land should be divided into three equal sections and distributed among the aggrieved parties.” “It went on to say that the contested property was Lord Ram's birthplace at the time, and that the mosque was built after the demolition of a Hindu temple, which was in violation of Islamic beliefs.” “The participation of historical facts as well as traditional and religious beliefs was the key issue in this case.

When their mosque was demolished by Hindu fundamentalists, many Muslims felt betrayed.”“Hindus felt betrayed because a hallowed place of worship was taken over by a foreign Mughal Emperor for the construction of a mosque.”“Each group had its own grievances and points of view, and the subject was exceedingly delicate.”“In 2019, the Supreme Court heard the case for the final time after all parties appealed to it.”“The Supreme Court of India handed down its final decision in this matter on November 9, 2019.” “The Court based its decision on a report by the Archaeological Survey of India, which stated that there were remains of a "non-Islamic" building beneath the demolished structure of the Masjid, and that the disputed land should be given to a trust set up by the Government of India for the purpose of constructing a Hindu temple.”“The Court also ordered those 5 acres of land be given to the Sunni Waqf Board for the purpose of constructing a mosque, stating that the mosque's demolition was illegal.

This is one of the most recent examples of transformational constitutionalism, in which efforts were taken to guarantee that neither religious community was offended, and that rather than being split over religious problems, communities were brought together.”“In this context, transformative constitutionalism refers to a systematic journey toward a society in which all religions can coexist without discrimination or inequities, a process that the Constitution has advocated for from its inception.”“This decision has elicited a variety of reactions, but it is evident that it was made with a futuristic mindset in mind, emphasising national unity over religious differences.[v]

Conclusion

For more than two decades, the phrase "transformative constitutionalism" has been used.”However, it has been around for much longer as a procedure, and it will continue to exist under the existing legal situation.”“As has been noted, several of India's most important judgments in recent years have revolved around the concept of transformative constitutionalism and have placed a high value on it, using the Constitution as a tool to improve the country's existing human rights, legal rights, and other constitutional rights.”“Although difficult to explain or define, transformational constitutionalism is a process and an event that has played a significant part in establishing the nature of democracy and a constitution within it.

This Blog is written by Aryan Mohanty2nd year student from Symbiosis Law School, Nagpur



[i]Arushi Negi, CONSTITUTIONALISM AND TRANSFORMATIVE CONSTITUTIONALISM, Lexlife India, https://lexlife.in/2021/06/03/constitutionalism-and-transformative-constitutionalism/

[ii]Mayank Bhandari, Transformative Constitutionalism, Legal Service India, https://www.legalserviceindia.com/legal/article-2275-transformative-constitutionalism.html

[iii]Sharanya Ghosh, Transformative Constitutionalism, iPleaders, https://blog.ipleaders.in/transformative-constitutionalism/

[v]Meera Emmanuel, Constitution Day 2019: Transformative Constitutionalism and the Indian Supreme Court, Bar & Bench, https://www.barandbench.com/columns/constitution-day-2019-note-on-transformative-constitutionalism#:~:text=%E2%80%9CThe%20whole%20idea%20of%20having,%E2%80%9C

Image Source

 

About IJALR

It is an International, Quarterly, Peer-Reviewed, online journal that provides an interactive platform for the publication of Short Articles, Long Articles, Book Reviews, Case Comments, Research Papers, and Essays in the field of Law. It is a platform to promote legal research among law students across India.


About the Course

IPR is all about practicality. Through this course, our motive will be to teach you the practical areas related to IPR like filing and Everything.


Eligibility

All law students and Professionals.


Course Structure

Basics of IPR (Introduction)

Segregation of IPR in today's market.

Careers In the field of IPR

Trademark Law ™

     - Trademark Research Reports.

     - Class Segregation of Trademarks.

     - Procedure of filing a Trademarks.

     - Objections on Trademarks.

     - Oppositions on Trademarks.

     - Opportunities in Trademarks Law.

     - International Filing of Trademarks

Copyright Law ©

    - Basics of Copyright Including Basic works & Operations of Copyright Law.

    - How to file a Copyright.

    - Segregation of Copyright Law.

Patent Law (P)

   - Basics of Patent Law Including Various Application and True Value of a Patent.

    - International Aspects of Patent Law.

    - Filing of Patents and Reports.

    - Publication of Patent Search Reports etc.

Designs Application Law

   - How to file a Design Application?

   - What are the Basics of Design Applications?

   - Reports and Published Documents.

Geographical Indications Law

        - Procedure of Selection of GI Tags.

        - Various Report Published and discussions on the same.


Duration

23rd April to 7th May, 2022


Certificate

All the participants will be given an e-certificate after the successful completion of the course.


Course Fee

The course fee is INR 200/-


Last date of Registration

22nd April, 2022


Perks

·       Live Sessions & Recorded Sessions (If Possible to record only then but only to regular attendees)

·       Study Materials

·       Internship Opportunity with the Law Firm.

·       Certificate of Appreciation.

·       Blog & Journal Publication Opportunity.

·       Access to Internship Directory


Mode of Payment

Participants can make payment through the following method:

Google Pay, PhonePe & Paytm at – 99911-40223

Participants have to pay via the above-mentioned payment method and then register themselves through the registration link given below:

https://docs.google.com/forms/d/1PTFArYikrCP6GVx41BrbGvfKhU0vhJ2Oh_YKNCjlU5s/edit

Payment once done will not be refunded.


For any Queries mail us at ijalrcourse@gmail.com

Whatsapp: +9199911-40223

 The Amikus Qriae Presents Govt of India Certified Course on Criminal Drafting


Speaker:- Advocate Akash Raj, Patna High Court 


Date:- 23rd and 24th of April, 2022 


Time :- 5:30 PM Onwards (Both Days) 


Registration Fees:- ₹200/- 


Payment Number:- 7364006404(Paytm/PhonePay/Google Pay) 


Registration Form:-

https://forms.gle/K262YvqoYuTidK5B7


Perks of Joining The Course:- 


1.) Govt of India Recognised Course 


2.) Sample Draft's of Criminal Drafting would be provided 


3.) Certificate of Completion recognised by Govt of India would be provided 


4.) Doubt Clarification Sessions would be there along with Live Classes 


Note:- For any further information contact :- +91 7364006404 

 

ABSTRACT

Marijuana, although considered as a harmful drug for human conception but if used right many studies shows its positive effects on people with chronical mental illness. The negative information far offset a couple of archived benefits for a restricted arrangement of clinical signs, for which protected and successful elective medicines are promptly accessible. In the event that there is any clinical job for cannabinoid drugs, it lies with artificially characterized compounds, not with natural weed plant. Authorization or clinical utilization of smoked pot is probably going to force critical general wellbeing gambles, including an expanded gamble of schizophrenia, psychosis, and different types of substance use issues.

INTRODUCTION

Marijuana a natural drug found in the Marijuana plant is one of the most used illegal drugs across the world. It has been existing for a very long time and in India Marijuana has been bound with faith and mysticism. Marijuana is said to help the user attain “ecstasy in the original sense of the word”. People have been consuming it in the form of charas (hash), bhang, and weed for centuries.

Legalization of marijuana is the most common way of eliminating all lawful disallowances against it. Weed would then be accessible to the grown-up all inclusive community for buy and use voluntarily, like tobacco and liquor. Decriminalization is the demonstration of eliminating criminal approvals against a demonstration, article, or conduct. Decriminalization of marijuana implies it would stay illicit, yet the overall set of laws wouldn't arraign an individual for ownership under a predefined sum. All things being equal, the punishments would go from no punishments by any stretch of the imagination, common fines, drug training, or medication treatment.

 

HISTORY OF MARIJUANA

Marijuana is one of the five essential plants in the Vedas. Marijuana is a part of our culture and it has been used extensively to cure many ailments of people since the Vedic era. In the 1830s, it was discovered to lessen the pain of those with cholera. It was extensively used and it had great pharmaceutical value.

Marijuana being illegal is smuggled across the world. The Marijuana Taxation Act, of 1937 was the first act passed by the U.S to criminalize marijuana. Later on, in the times of the War on Drugs, marijuana was unnecessarily added into the category of Schedule I drug in 1961. Unlike other drugs, marijuana addiction is rare. India having cultural and historical backgrounds, opposed the intolerance of drugs, and after 25 years passed the Narcotic Drugs and Psychotropic Substances Act, 1985 which exempted bhang from the definition of Marijuana.

In 1972, a report was made about misunderstanding marijuana into a wrong category and partially legalizing marijuana for recreational and medical purposes. The psychoactive part of the plant is THC (tetrahydrocannabinol) which causes the ‘high’. THC activates certain receptors of the brain in the human body which causes euphoria. The way we cannot spell HEALTHCARE without THC we cannot make the world a better place without decriminalizing marijuana. Many countries including Alaska, California, Vermont, and others legalized marijuana in 2018. Along with these countries, India too has been looking forward to legalizing marijuana as it would be useful from the medical, agricultural, and economic perspectives too.


EFFECTS OF MARIJUANA ON MENTAL HEALTH

Smoking marijuana has various intense and ongoing pathogenic impacts on human psychological well-being. Direct causal impacts of persistent use are challenging to deductively lay out on the grounds that the condition can't be haphazardly relegated or controlled tentatively for moral reasons. By and by, forthcoming populace studies demonstrate that early pot use regularly fills in as an introduction (or "entryway") to other illegal medication use. Regardless of intermittent non-corroborative outcomes, the "passage grouping" is the most widely recognized design in the successive movement in drug use where pot use regularly is the underlying advance driving towards all the more impressive and more hurtful medications.

The psychological impacts of smoked marijuana incorporate mental gradualness, "unwinding", sluggishness, happiness, and a few clients report tension and distrustfulness. Intense adverse consequences on comprehension and execution, restricted to times of inebriation, have been generally all around archived. Long haul impacts of pot use on mental execution include unobtrusive and particular debilitations of explicit higher mental capacities including a disabled capacity to concentrate consideration and channel out unimportant data, which is moderate with the combined span of openness to weed. These impacts of constant use recuperate just somewhat in ex-weed clients, yet the previous term of weed utilize kept on unfavorably affecting the capacity to dismiss complex insignificant data really.

 

EFFECTS OF LEGALIZATION OF MARIJUANA

Scientists have been researching this plant and it could prevent cancer cells from spreading to different parts of the body, cure anxiety, and cure any kind of pain. Although consumption of marijuana is harmful to adolescents adults can use it for medical purposes.

India is a country where marijuana gets suitable climatic conditions to cultivate but because it is not legal in India, marijuana is smuggled among the dealers from different parts of the country such as Himachal Pradesh, Tamil Nadu, Manipur, and other states too.

On November 25, 2018, the Central Council for Research in Ayurvedic Sciences (CCRAS) announced the result of the study, Marijuana-based drugs were found to be an effect on cancer patients in relieving pain. The organizations such as BOHECE and CSIR promoted more studies of the plant in one of their conferences2 in Delhi on November 23, 2018.




Following the trend in favor of the legalization of marijuana, Uttrakhand was the first State in India to allow commercial cultivation of hemp (the fiber of the Marijuana plant) for recreational and agricultural purposes.

Justice Rajiv Shakhder headed a bench which refused to allow the early hearing petitions regarding legalization of marijuana which contented that it helped in countering the effects of COVID -19. The petition was also challenged by the provisions of Narcotics Drugs and Psychotropic Substances Act which prohibits the use of cannabis and has contented that the drug has medicinal and industrial benefits.3

The State legislatures are engaged to permit the development of weed for modern and logical reason. On comparative lines, it could be derived that the development for modern/plant purposes, as given in Section 144 of NDPS Act, can be considered by the State Government, it added. While practicing this power, the State of Uttrakhand has permitted development of hemp for modern purposes and the hemp-based items are accessible on the lookout and furthermore accessible on the web, the oath informed.

The Center additionally presented that cannabinoids are not a first-line therapy and advised against the tremendous gamble of redirection of weed for non-clinical use.

In the course of the most recent few years, a few Indian states and public pioneers have responded decidedly and given their consent with regards to the discussion in regards to legitimizing weed in the country. Since the business development of weed can be altogether productive for the states, they have been pushing the public authority towards legitimizing the spice.

In 2018, Uttrakhand turned into the main state in the country to permit business development of the hemp crop. The state government even, without a doubt a permit to the Indian Industrial Hemp Association (IIHA), to develop the fiber north of 1,000 hectares, on a pilot premise.

Following the decision, the year likewise saw the Madhya Pradesh government stick to this same pattern. Madhya Pradesh's Law Minister P.C. Sharma answered to the press that the state government has chosen to sanction the development of pot in the state for clinical and modern reason. Nonetheless, since that declaration, progress on the issue has slowed down, with no further advancement occurring.

One more certain news emerged out of Manipur last year, the state which is accounted for to have probably the best weed in the country. N Biren Singh, Manipur's Chief Minister in a public interview uncovered that the public authority was genuinely considering legitimizing clinical maryjane to assist with supporting the state's income. He even recommended that new companies could be engaged with the legitimization cycle, gave they demonstrated a high potential to be essential for this industry.

With the acknowledgment of the restorative properties of pot developing among Indian legislators, the developing state support is just a positive sign for the development. Hopefully the conversation assembles steam in 2020 and comes to the front, which could prompt further sure advancements with regards to weed authorization in India.

CONCLUSION

Exact and clinical examinations surveyed here obviously show obsessive impacts of weed smoking on physical and particularly psychological well-being as well as its impedance with social and word related working. We didn't track down a solitary strategically sound review to propose that the advantages of smoking marijuana offset the related dangers. These negative information far offset reported benefits for a restricted arrangement of clinical signs for which protected and compelling elective medicines are promptly accessible. In any case, promotion bunches are seeking after legitimization or clinical utilization of smoked marijuana, generally overlooking pills containing separated THC and other cannabinoids. It shows up in this way that it isn't the advantage of dynamic weed fixings, however the course of organization, a more extensive arrangement of signs, and the custom of purpose that is being upheld. In light of the exact and clinical proof explored here, it appears to be protected to infer that, assuming there is any clinical job for cannabinoid drugs, it lies with synthetically adjusted separates, not with natural weed plant.

This blog is authored by Poorva student of Banasthali Vidyapith 

Image Source

2 Marijuana R&D in India: A Scientific, Medical and Legal Perspective.

3 https://www.indiatoday.in/india/story/no-complete-ban-on-cannabis-medical-use-allowed-centre-to-delhi-hc-

1898486-2022-01-11.

4https://indiankanoon.org/doc/663765/#:~:text=%E2%80%94Notwithstanding%20anything%20contained%20in

%20section,seed%20or%20for%20horticultural%20purposes.