Is ‘Originalism’ a Sinking Ship?

Abstract

This article seeks to reason, identify and enquire about the notion of originalism and the mechanics behind it. It begins with an introduction about constitutional interpretation and the delicate nature of the exercise. Thereafter, the author will delve into Originalism and will analyze the various contours associated to it; such as its historical and political relevance. This will be done by questioning the premise of originalism itself with due emphasis on the academic objections which have been raised overtime. To get a comprehensive account of the key concepts involved, the author will refer to American Constitutional law jurisprudence and the role of SCOTUS (The Supreme Court of the United States) from time to time. The article will also take a peek at the Indian Supreme Court and its approach towards Originalism. Is originalism a practice of a bygone era or is it a mitochondrion of wisdom needing its due reverence; is a question which forms the backdrop of this paper. The author has attempted to approach the question with an investigative outlook and has tilted his inquiry against originalism. In order to provide a wholesome and scrupulous analysis, the author has taken recourse to the various journal articles, books, case laws, legal commentaries and other web resources to the best of his ability, knowledge and understanding.