“Constitutional Morality and Judicial Activism in India: Transforming the Social Arena by Empowering Tribal Rights, Livelihoods, and Sustainable Marketing of Minor Forest Produce through Inclusive Governance”

by Advocate Mudit Agnihotri, Assistant Professor Ramangi Pandey, Dr. Sanchita Agarwal

Published: May 21, 2026 • DOI: 10.51244/IJRSI.2026.1305000017

Abstract

India’s tribal communities have lived in harmony with forests for centuries, relying on them not just for survival but also for cultural identity and livelihood. Yet, despite strong constitutional safeguards, these communities continue to face challenges such as displacement, poverty, and limited access to fair markets—especially in the case of Minor Forest Produce (MFP).
In this context, the ideas of constitutional morality and judicial activism have become important instruments of justice. Constitutional morality ensures that governance is guided by the values of equality, dignity, and justice, while judicial activism ensures that these values are actively enforced when institutions fail.
This paper explores how these two concepts together have shaped the protection of tribal rights in India. It also examines how sustainable marketing of Minor Forest Produce can improve tribal livelihoods and reduce exploitation. The study argues that true transformation in the social arena requires not only legal recognition but also economic empowerment through inclusive governance systems