Answer

Introduction

The concept of Transformative Constitutionalism implies that a constitution is not just a limit-setting document, but a tool to reshape society. India’s Constitution is often labelled a “borrowed bag” due to its adaptation of global institutional models. However, beyond structural borrowings, it embodies transformative constitutionalism aiming to transform society, dismantle inequalities, and advance justice, liberty, and equality.

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Why People Call the Constitution of India a “Borrowed Bag”

• Adoption of Institutional Forms: The framers borrowed several features rooted in earlier colonial or foreign constitutions leading to the “borrowed bag” tag.
  Eg: India inherited the parliamentary system and administrative framework from the colonial Government of India Act without inventing a wholly new structure.
• Use of Universal Liberal Rights Traditions: Fundamental civil-political rights were drawn from global liberal constitutional traditions rather than purely indigenous practices.
  Eg: Rights under Article 14 (equality before law) and Article 15 (non-discrimination) echo international norms of legal equality.
• Broad Structural Blueprint Borrowed from Colonial Legacy: Several structural features stem from pre-Independence legislation and colonial governance.
  Eg: The Constitution’s Part III fundamental rights sit alongside a state bureaucracy and administrative machinery that evolved from colonial precedents.
• Perceived Lack of Original Indigenous Legal Culture: Because so many provisions reflect global/traditional models, reflecting lack of  solely “Indian” original identity, hence “borrowed.”
• Compilation rather than a Novel Drafting from Scratch: The Constitution is often seen as an assemblage of best-practices from around the world.
  Eg: The inclusion of both liberal rights and social-justice measures shows synthesis of multiple constitutional traditions rather than a unique template.
  

How the Constitution is Unique — Shaping Society

• Addressing Socioeconomic Inequalities Beyond State Action: The Constitution recognises that discrimination can arise from societal actors, not just the state.
  Eg: Article 15(2) prohibits discrimination by private individuals in public spaces.
• Constitutionalising Social Justice via Affirmative Action: It permits “special provisions” for disadvantaged groups to correct historic injustices and structural inequalities.
  Eg: Clauses under Article 15 and Article 16 allow reservations for socially and educationally backward classes, Scheduled Castes and Scheduled Tribes.
• Protection of Cultural, Religious and Linguistic Pluralism: The Constitution safeguards group-differentiated rights affirming diversity rather than enforcing uniformity.
  Eg: Under Articles 25–30, religious and linguistic minorities can practice culture, run schools/institutions, and maintain their identity.
• A Living, Evolving Document via Transformative Constitutionalism: Through judicial interpretation and constitutional morality, the Constitution adapts to changing social realities, enabling progressive social transformation.
• Balancing Rights, Duties, and Social Equity: Instead of only restricting state overreach, the Constitution empowers the state to proactively correct social injustices.

Conclusion

While India’s Constitution draws inspiration from international frameworks, its transformative intent distinguishes it. By empowering social reform, protecting diversity, and evolving through constitutional morality, it emerges not as a borrowed document but as an original project of nation-building, driving India toward a just and inclusive society.

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