Fraternity and the Constitution: Promise in Peril


Fraternity and the Constitution: Promise in Peril

Why in News

  • In a time of growing social distrust, the Constitution’s promise of fraternity has become more relevant than ever.
  • Fraternity is the fourth value in the Preamble alongside justice, liberty and equality but remains largely neglected.

About Fraternity in the Preamble

  • Every schoolchild can recite the Preamble but fraternity has passed almost unnoticed in public discourse.
  • The framers placed fraternity deliberately in the same sentence as justice, liberty and equality giving it equal constitutional weight.
  • B.R. Ambedkar warned in his final Constituent Assembly address that without fraternity, liberty and equality would be no deeper than coats of paint.
  • The Constitution’s concern with fraternity did not end with the Preamble. Article 51A(e) makes it a Fundamental Duty of every citizen to promote harmony and the spirit of common brotherhood.

Constitutional Basis

  • Article 14 guarantees equality before the law to all citizens.
  • Articles 15 and 25 protect citizens against discrimination and safeguard freedom of faith.
  • Article 51A(e) imposes a duty to promote harmony and common brotherhood among citizens.
  • Sections 153A, 153B, 295A and 505 of the IPC contain provisions protecting civic peace and preventing communal hostility.
  • These provisions exist to prevent systematic destruction of fraternity not to create it from nothing.
  • Courts can act against hatred, intimidation and attacks on equal citizenship but courts cannot command affection.

Concerns: Erosion of Social Trust and Harmony

  • Erosion of Trust: Trust is the invisible infrastructure of a functioning society that law alone cannot restore.
  • Thinner Mutual Understanding: Public debate has grown louder and more vicious while genuine understanding has become thinner.
  • Citizenship Exodus: Roughly 21 lakh Indians surrender citizenship every year reflecting deep social and civic disillusionment.
  • Economic Consequence: Punjab’s communal discord caused it to rank 18th in economic growth among 21 major states between 2014-15 and 2022-23.
  • Fraternity Failures: Lynchings, targeted demolitions and normalised communal hostility are fraternity failures not merely law-and-order problems.
  • Investor Confidence: When such acts go unpunished they send a signal to every entrepreneur, investor and family weighing India’s future.
  • Prolonged Scars: Social conflict leaves economic scars that persist long after the headlines disappear.

Way Forward: Restoring Fraternity

  • Community Responsibility: No court can manufacture mutual respect and communities must build what law cannot create.
  • Legal Role: Law can prevent systematic destruction of fraternity but cannot command affection or belonging among citizens.
  • Political Restraint: Polarisation delivering short-term political advantage cannot contain its long-term devastating economic consequences.
  • Unified Constitutional Vision: The framers placed all four values together for a reason and it is time governance reflected the same.
  • Enforcement Without Impunity: Communal acts must not go unpunished as impunity signals that fraternity failures carry no consequences.

Conclusion: Fraternity is not a pious wish inscribed in a preamble and ceremonially quoted on national occasions. It is the social oxygen without which neither liberty nor equality can survive. Ambedkar warned us three quarters of a century ago. We are only beginning to see the cracks now. 

Source: Indian Express

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