Analyzing the "Originalist School" and "Living School" of Interpretation of the Constitution with the Help of Landmark Judgements

Author(s)	Ms. Sambodhi Ravindra Jinde
Country	India
Abstract	Constitutional interpretation is essential for maintaining the relevance and effectiveness of the Constitution in a changing society. This paper analyses two major schools of constitutional interpretation—the Originalist School and the Living School—within the Indian constitutional framework. It examines the theoretical foundations of both approaches and evaluates their application through the landmark decisions in Kesavananda Bharati v. State of Kerala and Justice K.S. Puttaswamy (Retd.) v. Union of India. The study argues that the Basic Structure Doctrine reflects an originalist understanding based on the framers' intent, whereas the recognition of the Right to Privacy demonstrates the dynamic nature of living constitutionalism. The paper concludes that both approaches are complementary and collectively ensure that the Constitution preserves its foundational values while adapting to contemporary societal needs.
Keywords	Constitutional Interpretation, Originalism, Living Constitutionalism, Basic Structure Doctrine, Right to Privacy, Judicial Activism, Indian Constitution, Supreme Court of India.
Published In	Volume 7, Issue 4, July-August 2026
Published On	2026-07-17

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