A VIEW ON THE ROLE OF “LIVING ORIGINALISM” WITHIN INDIAN CONSTITUTIONAL INTERPRETATION

AUTHOR – BAIBHABI TRIPATHY, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

Best Citation – BAIBHABI TRIPATHY, A VIEW ON THE ROLE OF “LIVING ORIGINALISM” WITHIN INDIAN CONSTITUTIONAL INTERPRETATION, ILE LAW AND JURISPRUDENCE (ILE LJ), 1 (1) of 2023, Pg. 5-10, APIS – 3920 – 0044 | ISBN – 978-81-964391-3-2.

ABSTRACT

Originalism, with its roots in American constitutional thought, is a judicial philosophy which gives priority to the original intent of those who enacted constitutional provisions when dealing with constitutional interpretation. In India, this concept seems to have been rejected as a result of the emergence of judicial activism and public interest litigation law. Many believe that the United States Supreme Court uses originalism to promote conservative agendas. Despite this, the Indian legal community should consider if there is scope for a type of Originalism (or “Living Originalism”) within Indian constitutional interpretation.  This essay neither defends nor opposes specific theories of constitutional interpretation, but examines whether this largely American school of thought can be applied in India and contributes to greater internal consistency of constitutional law.

KEYWORDS: Originalism, Constitutional Interpretation, Indian Constitution, Moral Interpretation, Living Originalism