The notion of constitutionalism is a philosophy derived from our constitution, which is a very living and organic document, evolving day by day by its new interpretations, judgements of the courts, amendments; keeping in mind the public morality, rule of law, and the ideals and morals. The best definition of it is construed by Prof. Upendra Baxi who says that the constitution is not all about governance, but is about the equity, rightness, autonomy and human rights, which is paramount to our democracy. This article has been jotted down in order to focus on the true meaning of constitutionalism, the human rights; its elements; the judiciary’s role and the rationality. The paper is based on an analysis from the various law reviews and showcases the in depth qualitative study. The research is based on the doctrinal method whereby the statutes, case laws and judgements have been interpreted and probed. It tries to understand the concept of transformative constitutionalism proved as an important instrument in creating a space for equitable society and the major judgements that have been given by Supreme Court in recent years to prove that it is a flexible document and not rigid. This paper is intrinsically and innately focused on the cathartic role played by Indian Judiciary in the times when state is misleading the people and trying to put the put the constitutional morals in disguise.