Transformative Constitutionalism: Rise of Coercive Federalism Amidst COVID-19 Migrant Crisis

Abstract

The Indian constitution which was drafted by the Constituent Assembly of independent India has served as the grunt norm since the past seven decades. In spite of being the most elaborative and lengthiest constitution among the existing nations, the Indian constitution has been amended more than a hundred times. With amendments in place, the constitution has very slowly, yet substantially shown a progressive attitude by moulding itself to the changing ideas of Liberty, Equality and Fraternity into what today we term as ‘Transformative Constitutionalism’. In light of the recent crisis that resulted in a countrywide lockdown, the constitutional provisions have been rendered ineffective in combatting the dearth of welfare suffered by migrant workers and it triggered a debate that the Cooperative federalism of India is moving towards the Coercive federalism.

The above allegations are the contemporary reality of the Indian constitution and raises two major question which forms the core of this research that is whether the transformative constitutionalism an indefinite phenomenon? Whether the COVID-19 migrant crisis ensued the increasing tendencies of coercive federalism? The present research delves into the philosophy of transformative constitutionalism, brunt of COVID-19 migrant crisis, federal structure of Indian constitution while drawing parallel to the increasing tendencies of coercive federalism. Part I of the project deals with introduction to the topic and the research question, Part II deals with the concept of transformative constitutionalism at length, Part III deals with the comparison of India’s federal structure during its initial days vs now, Part IV deals with legal framework under the constitution dedicated solely for the migrant workers, Part V of the project delves into the analysis of Code of Social Security 2020 from migrant workers perspective, Part VI and Part VII deals with the scope of coercive federalism amidst migrant crisis and conclusions and suggestions respectively.

Keywords: Transformative Constitutionalism, Migrant Workers, Constitution, Supreme Court