Analysing The Idea Of Fraternity Under The Constitutional Scheme Of India

Analysing The Idea Of Fraternity Under The Constitutional Scheme Of India

Abstract

The Constitutional values of equality and liberty can be realized better if we have a strong sense and feeling of brotherhood among the members of society. The sense of fraternity and the feeling of brotherhood may prove an important tool for assuring the better survival and dignity of the individual, unity, and integrity of the nation. It is not only a political principle; it is an idea of feeling and realizing social solidarity and brotherhood. Ideologically, the concept of fraternity emerged during the French Revolution against the unlimited powers of the Monarch accompanied by the idea of equality and liberty. It is rightly argued that the non-existence of fraternity would render the principle of equality and liberty useless. Some phrases such as “Vashudhaiv Kutumbakam” “bandhutawa” and “friendship” are frequently used for getting the sense of fraternity. To realize the true fraternity in our life, a basic understanding of fraternity is a must. It is important to mention here that the Constitution framers have placed central reliance on the idea of fraternity. Despite this, with the passage of time, various organs of the government, multiple groups of Indian society, and individuals have led the system of governance in such a way that can never be considered useful for promoting a sense of fraternity in society. 

Key Words: Fraternity, Liberty, Equality, Justice, Brotherhood, Social Solidarity. 

Introduction

The idea of equality, liberty, and fraternity originated from the French Revolution which has traveled across the world. The principles of liberty, equality, and fraternity are essential parts of social democracy and cannot be treated separately. In a democratic system, these principles become a way of life. They form a union of a trinity. If we try to make a concrete separation of one from another, then we will not be able to fulfill the dream of the Constitution framers. On the contrary, complete and unconditional liberty may develop a kind of dominance by the few members or group of society upon others.

Similarly, suppose we have equality in all spheres of life but do not have liberty. In that case, it may destroy the development of the cognitive faculty of the human mind, innovation, and creativity. Without fraternity, liberty and equality cannot become a reality or a natural course of life. It is argued that fraternity is the third neglected child of the French Revolution. The idea of fraternity imposes certain duties on the State to promote social coherence and solidarity. It requires the State to ensure a certain degree of well-being for the socially excluded people. In the Karachi Session of Congress, which was held in 1931, under the Presidential ship of Sardar Vallabhbhai Patel, a resolution on Fundamental Rights was accepted by the members of Congress. This session resolved that any future Constitution should include the people’s fundamental rights such as freedom of association, freedom of speech and press, freedom of conscience, and the free profession and practice of religion, etc. It was also resolved that such a constitution should prohibit any discrimination on the basis of any religion, caste, or creed in public employment and should be ruled out from any civic bar on account of sex. Equal rights must be assured for all citizens of India. Such as the right to access and use public roads, and wells, and

Why BR Ambedkar’s three Warnings in his Last Speech to the Constituent Assembly Resonate even Today,

available at: https://scroll.in/article/802495/why-br-ambedkars-three-warnings-in-his-last-speech-to-the-constituent-assembly-resonate-even-today

Also available at: https://www.drishtiias.com/to-the-points/Paper2/preamble-to-the-indian-constitution 

Tarunabh Khaitan, Fraternity, available at: https://www.outlookindia.com/website/story/fraternity/240443 

Gopal Krishna Gandhi, Return to the Revolutionary Road, The Hindu 18 October, 2016.

available at: https://www.thehindu.com/opinion/lead/Return-to-the-revolutionary-road/article14169578.ece

all other places of the public resort must be given to all without any discrimination. It was also required that the State shall not make discrimination on the basis of religion. In 1936, a powerful idea was given by Dr. Babasaheb Bhim Rao Ambedkar in his book Annihilation of Caste. He wrote that what is your ideal society if you do not want caste is a question that is bound to be asked of you. If you asked me, my ideal would be a society based on liberty, equality, and fraternity, and why not.? Dr. Ambedkar argued that caste has no scientific basis. In order to unite India, it is necessary to annihilate the caste system completely. In this respect, only inter-caste marriage and inter-castes dining is not sufficient. It is necessary to destroy the very notion of religion upon which the caste system is based. In constitutional history, the inclusion of fraternity in the Preamble may be connected with the assassination of Mahatma Gandhi, which occurred on January 31, 1948. Dr. Ambedkar, in his letter to Dr. Rajendra Prasad on February 21, 1948, said that the Drafting Committee has added a clause about fraternity in the Preamble. However, it does not occur in the objective resolution. The committee felt that the need for fraternal concord and goodwill in India was never greater than now. This particular aim of the new Constitution should be emphasized by special mention in the Preamble. Two years later, on November 25, 1949, in his speech before Constituent Assembly, Dr. Ambedkar said that without fraternity, equality and liberty would be no deeper than coats of paint. Thus, it is clear that the idea of the fraternity was not included in the objective resolution, but at a later stage, it was deliberately projected by Ambedkar into our Constitutional scheme. It is argued that the word “fraternity” means brotherhood, and it is a male-centered or male inclined concept, and sisterhood is not included in it. On the other hand, some scholars argued that the Hindi word “bandhuta” is more appropriate and inclusive for the correct sense of fraternity. Fraternity means a strong

 Dr. B.R. Ambedkar’s Vision of Society based on the Liberty, Equality and Fraternity,

available at:   https://www.readersdigest.in/conversations/story-society-based-on-liberty-equality-and-fraternity-b-r-ambedkar-124787

available athttps://ruralindiaonline.org/en/library/resource/dr-babasaheb-ambedkar-writings-and-speeches-vol-1

B. Shiva Rao, The Framing of the India’s Constitution Volume-III p 510.

available at https://archive.org/details/in.ernet.dli.2015.278539/page/n515/mode/2up

Why BR Ambedkar’s Three Warnings in his Last Speech to the Constituent Assembly Resonate Even Today.

available https://scroll.in/article/802495/why-br-ambedkars-three-warnings-in-his-last-speech-to-the-constituent-assembly-resonate-even-today

 Harsh Mander, Fraternity: The Missing Link of India’s Democracy, The India Forum,

available at: https://www.theindiaforum.in/article/fraternity-missing-link-india-s-democracy 

feeling and sense of bonding among all. It is the principle that gives unity and solidarity in the social, political, and religious life of human beings. It is not easy for human civilization to create such ideal conditions in the actual life of all. Dr. Babasaheb Bhimrao Ambedkar made a very sincere concern in Constituent Assembly Debate about the value, importance, recognition, and acceptance of the principle of fraternity. He expressed his opinion that in believing that we are a nation, we are cherishing a great delusion. He raised a big question: How can people divided into several thousands of castes in our country be a nation? In such an environment, he doubted in his mind the future of the Independence of India. In Constituent Assembly, he said that we are not a nation in a real sense. In India, we are divided into thousands of castes and castes into sub-castes. India’s caste system is very anti to the notion of one nation. The caste system is not only anti-national; it destroys the foundation of our social life. But if we really want to become one nation, we would have to overcome these problems. Irrational, illogical, and arbitrary dominance or supremacy of one group upon another in society leads to clashes and mistrust among people. The solution to this problem is that we must have common and universal rules of morality for all; otherwise, the interest of individuals will not be protected. A divided society leads to the denial of justice. The common and universal rule of morality is the tool to safeguard the growth of individuals. Conflict among different classes, groups, and castes will prevent the individuals from having consistency and creativity in mind. If society is divided into castes, classes, and groups, how it can be united? The only remedy lies in making fraternity universally effective. Fraternity is nothing but another name for universal rules of morality. Let’s look at the idea of fraternity. It may be a fraternal bond and obligation between two individuals, groups, classes or communities, religious groups, or family members.   According to Dr. Ambedkar, the word “religion” is very ambiguous. It has no clear meaning because religion has passed through many stages. The concept of each stage was called religious thought. There may be a sense of strong brotherhood among Muslims within one community, but it does not extend to other communities at all. Hinduism does not have such fraternal feelings at all because it is divided

Constituent Assembly Debates on Friday, November 25, 1949, Volume XI. 

available at: https://indiankanoon.org/doc/792941/

Dr. B.R. Ambedkar, Budha and His Dhamma, 1957 at 184. 

available at:   https://drambedkarbooks.files.wordpress.com/2015/01/english-buddhaandhisdhamma.pdf

Dr. B.R. Ambedkar, Budha and His Dhamma, 1957 at 184. 

available at:https://drambedkarbooks.files.wordpress.com/2015/01/english-buddhaandhisdhamma.pdf

into castes, sub-castes, and various classes. In Hinduism, fraternal feelings are limited only to the same castes or sub-caste. But Buddhism extends the idea of fraternity to every human being. In October 1956, on the day of his conversion to Buddhism, Dr. Ambedkar said that the Hindu religion gives no scope or opportunity for a particular class of society which they categorize as untouchable to improve their destiny which is based totally on inequality. On the other hand, Buddhism is based on equality and justice. I would like to see all of India become Buddhist.

ANALYSING THE IDEA OF FRATERNITY AS A CONSTITUTIONAL VALUE

Fraternity is indicative of a common bond or a feeling of unity between people or communities acting either within the private or public sphere. A fraternal bond is one that does not relate to the shared use of goods. It is necessarily related to sharing the feelings of human beings, which is essential for the existence and survival as well as the proper functioning of the social system. In the western concept, the fraternity was related to fraternization for a common cause. However, it seems that in the Indian context, it has taken place in an expansive and different sense. The Preamble is considered an introductory statement and a crucial part of a document. It presents the philosophy and objectives of the document. It is regarded as the key to knowing the vision, philosophy, and intention of framers, history of creation, and core value of document and core principles of a nation.

Dr. B.R. Ambedkar, Budha and His Dhamma, 1957

available at: http://ycis.ac.in/CEGC%20Library/English/Buddha%20and%20His%20Dhamma.pdf

 

Katherine A. Chandler, A New Idea in Social Fraternity, 8(4) American Journal of Sociology 442- 455 (1903).

available at: https://www.jstor.org/stable/pdf/2762050.pdf?refreqid=excelsior%3Aa584693715fe8e3bf2eee806a214a528

Also available at: https://docs.manupatra.in/newsline/articles/Upload/1A226E6F-4443-472F-9E7E-CB70EA7C3744.pdf 

Andreas Esheté, Fraternity, 35 Journal of Metaphysics 27- 44 (1981).

Available at: https://www.jstor.org/stable/20127605refreqid=excelsior%3A4305faaf391989304c7759241836d031&seq=1    

Available at: https://docs.manupatra.in/newsline/articles/Upload/1A226E6F-4443-472F-9E7E-CB70EA7C3744.pdf 

Aymen Mohammed, Dialoguing on the Constitutional Value of Fraternity, Refresher Course for Law Teacher NALSAR University of Law, Hyderabad. 

available at: https://onlinecourses.swayam2.ac.in/arp20_ap08/unit?unit=37&lesson=39

Aymen Mohammed, Dialoguing on the Constitutional Value of Fraternity, Refresher Course for Law Teacher NALSAR University of Law, Hyderabad. 

available at: https://onlinecourses.swayam2.ac.in/arp20_ap08/unit?unit=37&lesson=39

After independence, India has declared a sovereign socialist secular democratic republic on November 26, 1949. The Preamble of the Constitution of India states that “We, the people of India, having solemnly resolved to constitute India into a sovereign, socialist, secular democratic republic and to secure to all its citizens: Justice, social, economic and political; Liberty of thought, expression, belief, faith, and worship; Equality of status and of opportunity; and to promote among them all; Fraternity assuring the dignity of the individual and the unity and integrity of the nation; In our constituent assembly this twenty-sixth day of November 1949, do hereby adopt, enact and give to ourselves this Constitution

The aims and objectives of the Preamble can be understood by analyzing the text of the Preamble itself. The first part of the Preamble is declaratory. It declares that the people of India are the source of the Constitution. It means that the authority of the people is supreme, and they have vested the authority in the Constituent Assembly for the purpose of framing the Constitution. The second part of the Preamble is obligatory, which mandatorily seeks that India will be a Sovereign, Democratic, and Republic country. The third part of the Preamble is Descriptive. It comprises a set of promises that the framers intended to guarantee to the citizens of India, such as liberty, equality, and fraternity, among others. 

The ideals contained in the Preamble have been harmoniously constructed in order to realize the aims and objectives of the Preamble. The Preamble assures the dignity of a person before ensuring the unity of the nation, thereby emphasizing that the nation can be united if the State has guaranteed the dignity of the individual. Now, it is clear from the preambular vision of the Constitution of India that we the people of India, have a pious obligation to secure the dignity of all of its citizens. We are also duty-bound to secure the social, economic, and political justice and liberty of thought, expression, belief, faith, and worship, as well as equality of status and opportunity for all of its citizens. All the constitutional values mentioned above can be protected and promoted if we all have a sense of fraternity in our minds. Constitution framers were well aware of the things which can make a nation socially, economically, and politically prosperous.

  Preamble, The Constitution of India.

Smaran Shetty and Tanaya Sanyal “Fraternity and the Constitution: A Promising Beginning” in Nandini Sundar v. State of Chattisgarh, 4 NUJS L.Rev. 439 (2011).

available at: https://docs.manupatra.in/newsline/articles/Upload/1A226E6F-4443-472F-9E7E-CB70EA7C3744.pdf

To prevent the tendencies of regionalism, linguistics, communalism, and secessionist and separatist activities, the promotion of fraternity is necessary. In the words of KM Munshi, “dignity of the individual is an instrument not only of ensuring material betterment and maintaining a democratic setup, but that recognizes that personality of every individual is sacred..” fraternity or spirit of brotherhood is required absolutely, especially in India where diversities are an essential feature of the society. 

The Preamble of the Constitution itself spells out the duties of the people and contains the ideals and aspirations of the people of India and their dedication to the same. The Preamble of the Constitution states that we, the people of India, have solemnly resolved to secure justice, liberty, equality, and fraternity for all the citizens of India. Whatever is needed to achieve these goals is our obvious duty to perform it. The idea of fraternity is also reflected under some other provisions of our Constitution. Fraternity is needed because it is a supplement to equality. Inequality is an enemy to the fraternity. All forms of inequality are prohibited under the Constitution. Equality before the law and equal protection of laws is one of the basic tenets of our Constitution. It is rightly argued that the sense of fraternity can easily maintain equality. Under Article 17 of the Constitution, any form of untouchability has been abolished. The practice of untouchability has been made a punishable offense. Civil liberties can be appropriately enjoyed in a well-organized society only. Human beings may have so many desires, but in civil society, their desires have to be controlled, regulated, and reconciled with other individuals’ exercise of similar desires. . If the people have a deep sense of fraternity in their minds, their desires would operate in a self-controlled and self-regulated manner, a precondition for a just and fair society. The right to freedom of speech includes the liberty to propagate one’s own views and publish the views of others, but it does not include using

Role of the Preamble in the Interpretation of the Constitution,

available athttp://law-projects.blogspot.com/search?q=%E2%80%9Cdignity+of+the+individual+is+an+instrument+not+only+of+ensuring+material+betterment+and+maintaining+a+democratic+setup,+but+that+recognises+that+personality+of+every+individual+is+sacred.%E2%80%9D

B.R. Atre, Supreme Court on Fundamental Duties 3, Universal Law Publishing, New Delhi, 2016.

[1] The Protection of Civil Rights Act, 1955. The Preamble of the Act read as under:

An Act to prescribe punishment for the preaching and practice of “Untouchability” for the enforcement of any disability arising therefrom and for matters connected therewith.

[1]A.K. Gopalan v. State of Madras AIR 1951 SC 21. See also Dr. J.N. Pandey, Constitutional Law of India, Central Law Agency, Allahabad, 2015.

derogatory language against others.Using derogatory language would lead to intolerance and an inimical environment among the people. All citizens of India have been given the right to move freely throughout the territory of India and to reside and settle in any part of the territory of India. All persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion. The complete neutrality of the State from religion cannot help to eliminate the mutual misunderstanding and intolerance between different groups of religion, faith, and belief. The Constitution also protects the cultural rights of any citizen of India. Article 51A, which constitutes Part 4A of the Constitution, talks about the various duties equally important for the promotion of the fraternity in society. Article 51A clause (c) provides that it shall be the duty of every citizen to uphold and protect the sovereignty, unity, and integrity of India. Article 51A clause (e) provides that it shall be the duty of every citizen to promote harmony and the spirit of the common brotherhood among all the people of India and to renounce the practices derogatory to the dignity of the women. Further, Article 51A clause (e) provides that it shall be the duty of every citizen to value and preserve the rich heritage of our composite culture.

PROMOTION OF FRATERNITY UNDER THE OTHER LEGISLATIVE PROVISIONS

The constitution is the supreme law of land and brotherhood. Mutual harmony among different groups of society has been recognized as an important constitutional value in this holy document. The idea of fraternity and brotherhood has also been reflected under the other diverse legislative provisions. Section 295 A of the Indian Penal Code deals with the deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

The Constitution of India, Art. 19 (2) imposes certain restrictions on the right to Freedom of Speech and Expression, such as decency and morality, defamation, incitement of offences.

The Constitution of India, Art. 19 (1) (d).

The Constitution of India, Art. 19 (1) (e).

The Constitution of India,Art. 25 (1).

Id para 81

The Constitution of India, Art. 29 (1) reads as under:  Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

Indian Penal Code, 1860, Section 295A read as under:

 Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs- Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizen of India, by words either spoken or written, or by the signs or by the visible representations or otherwise, insults or

A person who deliberately and maliciously outrages the religious feelings of others shall be punished. Any person who voluntarily causes disturbance to any assembly which is being held for religious worship or for the performance of religious ceremonies shall also be punished. If someone wounds the religious feelings of any other person by uttering words, is a punishable offence. No person can be justified in wounding the religious feelings of his neighbors by words, gestures or exhibitions. The right to dignity has been recognized as a fundamental right under Article 21 of the Constitution of India. For the welfare and betterment of the weaker section of society and to protect their constitutional and legal rights, the Parliament has enacted various laws. National Human Rights Commission and State Human Rights Commission are required to be established for the proper protection of human rights of all. For the welfare and well-being of aged persons, the Maintenance and Welfare of Parents and Senior Citizens Act, 2017, was enacted by Parliament. In our country, women even are not safe in their own houses. They are beaten by her relative for trivial causes. To protect the rights of women, various laws have been enacted. The Protection of Women from Domestic Violence Act, 2005, was enacted by the Parliament to control or eliminate violence against females in the family. Disabled persons are needed special attention of the community and State. To protect and promote their interest, the Rights of the Persons with Disability Act, 2016, has been passed by Parliament. Juvenile Justice Care and Protection of Children) Act, 2015 provides the proper rehabilitation and reformation of juveniles who are found in conflict with the law. The main object of these protective laws is to protect the rights of the underprivileged class of society, which would have been protected and promoted by society itself if we had a deep sense of fraternity and brotherhood in our minds.

ROLE OF JUDICIARY IN PROMOTION OF FRATERNITY

attempt to insult the religion or the religious beliefs of that class shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

[1]  Indian Penal Code, 1860, reads as under:

Disturbing religious assembly- Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremonies shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.

India Penal Code 1860 Section 298 reads as under:

Uttering words etc. with deliberate intent to wound the religious feelings of any person- Whoever, with the deliberate intention of wounding the religious feelings of any person utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places, any object in the sight of that person shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.

The three organs of the State are the Executive, Legislature and Judiciary. Every citizen must respect these institutions. Judiciary plays an important role in the protection of the rights of individuals. Four things are very important for an efficient judicial system. Firstly, the Judges have a responsibility to hear patiently. Secondly, the Judges should consider diligently. Thirdly, they should answer wisely. Fourthly, they should decide `impartially. If a judge neglects any one of these four duties, it is disrespectful to the constitutional institution of the judiciary. When lawyers go on strike for redressal of their professional grievances and stall the working of the court, it also results in denial of the constitutional values. All organs of the government are duty-bound to follow the constitutional ideals such as brotherhood, the concept of non-violence, and building a just society. Judiciary has to play a significant role in establishing a just and fair society. In several cases, the judiciary has recognized the idea of fraternity reflected in the Preamble of the Constitution. Recently in the matter of Indian Young Lawyers Association and others (Sabrimala Temple In Re. v. State of Kerala and others)[1] The Supreme Court has observed that the constitutional goal of Justice, Liberty, Equality, and fraternity can only be achieved through the commitment and loyalty of the organs of State to the constitutional value. These four crucial concepts are not disjunctive. Our commitment, loyalty, and understanding of the Constitution can complete only if we acknowledge the complex relationship between the pursuit of justice, protection of liberty, the realization of equality, and the assurance of fraternity. In the matter of Ashok Kumar Thakur v. Union of India[2], The Supreme Court has observed that the Preamble to the Constitution of India secures, as one of its objects, fraternity assuring the dignity of the individual and the unity and integrity of the nation to ‘we the people of India’. Unless protected by the Constitution itself, as given to us by the founding fathers and as adopted by the people of India, reservation is a sub-version of fraternity, unity, integrity, and dignity of the individual.

(2019) 11 Supreme Court Cases 1

available at: https://www.scconline.com/Members/NoteView.aspx?enc=KDIwMTkpIDExIFNDQyAxJiYmJiY0MCYmJiYmU2VhcmNoUGFnZQ==

[2]AIR 2008 SC (Supp) 1 para 58,

available at: file:///C:/Users/PREM%20CHANDRA/Desktop/Ashoka_Kumar_Thakur_vs_Union_Of_India_And_Ors_on_10_April_2008.PDF

In the matter ofAruna Roy v. Union of India[1] The Supreme Court has opined that religion is not the only source of essential value for the human race; it is also a major source of value generation. Therefore, we have an obligation to educate the young mind or our new generation about different religions’ core values and arch. A comparative study of the philosophy of different religions may create mutual trust by eliminating the misunderstanding about the philosophy of other religions. The people should be made aware that the essence of every religion is shared, only the practices are different. The people should be convinced that we all have an obligation to respect the differences of opinion in certain areas.[2]

Despite many efforts for peace at the national as well as international level, inter and intra-religious conflict has seemed to become a part of human life. The UNESCO Department for Intercultural Dialogue has pleaded for religious union or “Spiritual Convergence”. It will help promote healthy dialogue among the different religious and spiritual traditions worldwide. It is the need for children from early childhood to be introduced to and made aware of the adoptive approach of “otherness” and about to the values of tolerance, respect, and confidence in the “other”. It may bring a drastic change in the behavior and attitude of others. Specific teaching about the traditions and values of various cultures and religions with the help of proper instructive mechanisms may develop a better understanding among diverse religious and cultural groups of society. Such shared knowledge may be considered a common spiritual and cultural heritage. In the matter of Indra Sawhney v. Union of India[3] the Supreme Court utilized the idea of fraternity in two ways. One was to defend the reservation policy, and the second was to warn the executive about the adverse impact of reservation if used in an unguided and arbitrary manner. Thus, the idea of fraternity is used as justification for affirmative action, which is not based on the conventional idea of equality but fraternity is recognized to achieve the goal of equality. In the matter of AIIMS Student’s Union v. AIIMS[4],  the Supreme Court has adopted the idea of fraternity in the same manner and held that the Constitution did not support reservation for post-graduate students in AIIMS. Therefore it undermines the idea of fraternity. The Court

AIR 2002 SC 3176.

available at: file:///C:/Users/PREM%20CHANDRA/Desktop/Ms_Aruna_Roy_And_Others_vs_Union_Of_India_And_Others_on_12_September_2002.PDF

The Chavan Committee (1999) strongly urges education about religions as an instrument of social cohesion and social and religious harmony.

AIR 1993 SC 477

AIR 2001 SC 3262.

stated that the Preamble assured every citizen of the idea of fraternity as a means to achieve national unity and dignity. The assurance of fraternity would be substantially undermined by reservation which is not supported by Constitutional values and morality. In the matter of Shri Raghunathrao Ganpatrao v. Union of India , the Court has taken the view that the princes do not form a separate class under the Constitution and therefore they are not entitled to special privilege. The privileges of the Princely class were taken as a threat to the common brotherhood and fraternity. In S.R. Bommai v. Union of India, it was held by the Supreme Court that secularism is an essential feature of the Constitution of India. The court has accepted that the principle of fraternity is a pre-cursor to achieving the concept of secularism. The Court said that “secularism is the bastion to build fraternity.” In the matter of Nandini Sundar and Ors v. State of Chattisgarh The Supreme Court said the misguided policies of the State are contrary to the vision of Constitution makers and Constitutional morality. There is a clear mandate of our Constitutional morality that powers vested in the State must be an exercised for the welfare of the people at large. Any arbitrary or misguided State Policy will necessarily damage the idea of fraternity and human dignity. Thus the court has considered the idea of fraternity in different cases to interpret the Constitution, but not much. There is an urgent need for time to utilize the principle of fraternity in the interpretation of Constitutional and legal issues.

ROLE OF EXECUTIVE IN PROMOTION OF FRATERNITY

In the modern democratic system, political theories and the Constitution values have acknowledged the obligation of government to provide jobs, medical care, and old-age pension and impose an affirmative duty to promote equality, liberty, and fraternity. The government has affirmative responsibility for eliminating social, economic, and political inequalities. Special treatments for the under-privileged class have been permitted.[1]It is argued that the idea of fraternity can be promoted in a better manner by the fair and just executive. The concept of fraternity is a moral one, and it has no relevance in the interpretation of the Constitution, and therefore the interpretation of the Constitution in the light of the idea of fraternity is unnecessary

The Constitution of India. Art. 15 (3).

Id para 186.

 (2001)7 SCC 547.

available atfile:///C:/Users/PREM%20CHANDRA/Downloads/Sundar%20case%20-%20Decision%20of%205%20July%202011.pdf

The Constitution of India. Art. 15 (3).

and illogical. Further, the question is raised whether the Constitution is competent to make a promise of a fraternity? Specifically, when a fair and just executive seems a more appropriate organ of the government for maintaining fraternal relations among people in society. Here, it is necessary to mention that such a conditional executive makes it automatically essential for the judiciary to interpret the Constitution in the light of the idea of fraternity. When the executive becomes biased, unfair, and unjust, the judiciary is responsible for scrutinizing and correcting it. It is the judicial duty of the court to scrutinize the policies of the executive, which are potentially divisive and have adverse impacts on fraternal relations. It cannot be assumed that the executive is appropriate and competent authority to promote fraternity, and it will undertake this responsibility faithfully, without any digression. Another objection is also raised that the idea of fraternity is vague in itself. In this respect, the sentiments of Dr. B.R. Ambedkar give much clarity about the need for fraternity. Dr. Ambedkar believed that due to the socially tense situation due to religious, linguistic, and caste-based differences, the Constitution should ensure through constitutional mandate the creation of unity amongst citizens of India. Dr. Ambedkar also saw the promise of fraternity to improve relations between different castes and religious communities. The executive has to play an essential role in promoting fraternity among the citizens of India. Ministers, Constitutional functionaries, civil servants, and members of the judiciary are expected to infuse the idea of fraternity into the system of governance. It is their pious constitutional duty to promote the fraternity and ensure the dignity of individuals, and the integrity of the nation. All public authorities are constitutionally duty bound to run the system properly. They can play a dominant and leading role in the promotion of fraternity and brotherhood. It will definitely improve the confidence of the public in the system of governance. Unfortunately, it is not happening in our system in true spirit. The executive branch of government must have a sense of fraternity in its functioning.

Shiva Rao, The Framing of India’s Constitution, Volume III 510 (2004) as quoted by Smaran Shetty and Tanaya Sanyal, Fraternity and the Constitution: A Promising Beginning in Nandini Sundar v. State of Chattisgarh, 4 NUJS L.Rev. 439 (2011).

available at: https://docs.manupatra.in/newsline/articles/Upload/1A226E6F-4443-472F-9E7E-CB70EA7C3744.pdf

It is true that without a sense of fraternity among the people, we cannot enjoy the fruits of our Constitutional values, like equality, liberty, and unity of the nation at all. All citizens of India are duty-bound to promote the sense of fraternity that is necessary for a prosperous, healthy, peaceful, and happiest life. If we promote or observe the idea of fraternity in our behavior and life, there will be no discrimination, no fight, no violence, and no exploitation, or injustice in the society. Our complete faith in the idea of fraternity may prove a good step for establishing a just and fair society. The concept of the rule of law may become a reality.

CHALLENGES TO THE IDEA OF FRATERNITY

Incidents of attacks on minorities and minority’s opinions, violence against women even by her relatives, exploitation of weaker sections of the society, child labor and child sexual abuse, and gender inequality are significant challenges to the idea of fraternity. Moreover, the Indian democracy faces serious challenges from casteism, communalism, religious fundamentalism, etc. They are weakening the functioning of our fraternal relations.[1]  One of the more dangerous things is the mixing of caste and politics. It has resulted in the politicization of caste and the cauterization of politics. Caste consciousness has not yet been eroded in our society. Communalism and religious fundamentalism are required to be eroded from the mind of the individuals. It has disrupted the pattern of co-existence and social harmony in society. The use of violence for political motives is also very dangerous for the idea of fraternity. We are also struggling with regionalism which is the outcome of regional disparities and imbalances of development. If we ask ourselves whether we have renounced the violence to safeguard public and public property, which is our constitutional duty to do? Whether we are respecting women at all. Whether strikes for redressing the grievances have not increased? The answer will be no. In most cases, public properties are targeted and damaged.

Further, whether truly we are trying to promote harmony and the spirit of common brotherhood among people of India believing or having faith in different religions? It appears that we have not taken the necessary steps towards this. Similarly, instead of protecting and improving the natural environment, we are damaging it.

Challenges to Indian Democracy, Contemporary India: Issues and Goals

available at: https://nios.ac.in/media/documents/SecSocSciCour/English/Lesson-23.pdf

CONCLUSION AND SUGGESTIONS

It can be concluded that the idea of fraternity not only has been mentioned in the preamble of the constitution but For establishing a peaceful, just and fair society, it is necessary that we should promote and flourish the idea of fraternity in all spheres of life. Most of the social, economic, and political problems exist in society because we are not applying or observing the idea of fraternity in the true sense. Political violence, religious violence, domestic violence, communal violence, abuse of children, corruption, inequality, and everything is there. After independence, we have made a lot, but from the perspective of fraternity, we have to do a lot. It is rightly argued that fraternity is the foremost step to achieving the idea of equality, liberty, and dignity of individuals, which will automatically flourish India’s unity and integrity. The important thing is that we should develop a clear link between the pledge of fraternity which is clearly expressed in the Preamble, with the parts third and fourth of the Constitution, and other statutory provisions too. There is ample scope of fraternity for the interpretation of the Constitution. It may be proved an important tool to promote social solidarity. All the three organs of the government must be made duty-bound and responsible for promoting and flourishing the idea of fraternity and brotherhood. We should educate all about the idea of fraternity. There are so many protective laws that Parliament has enacted for the protection of the underprivileged class of the society because our fraternal bond has been diluted. If fraternal bonds had been appropriately developed and not damaged, there would be no need for such laws.

Kindly refrain from revisiting the ideas or assertions which have already been discussed at length in the above paragraphs. Kindly add substantial additions to conclude your manuscript.

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