Isabella Mariam

Justice Prashant Kumar Mishra of the Supreme Court highlighted fraternity as the cornerstone of India’s constitutional values during his keynote address at the National Council Meeting of the Akhil Bharatiya Adhivakta Parishad in Gujarat. Speaking at the event themed “Fraternity — Spirit of the Constitution,” Justice Mishra explained the critical role fraternity plays in binding justice, liberty, and equality, describing it as “the glue that holds the fabric of our democratic society together.”

Justice Mishra remarked, “Fraternity is not a static concept but a dynamic principle that evolves with societal needs and judicial interpretation.” He emphasized its significance in creating a just, inclusive, and harmonious society, calling it a shared responsibility of every citizen, institution, and leader. Justice Sameer Dave of the Gujarat High Court, who was also present, shared similar views on the importance of fraternity in ensuring social unity.

He pointed to global interest in India’s ability to manage diversity through constitutional principles. “Countries worldwide are watching India’s unique experiment in managing diversity. Our success in upholding fraternity while respecting diversity can serve as a model for other multicultural societies,” he said.

Justice Mishra outlined the challenges posed by divisive ideologies, identity-based politics, and the misuse of digital platforms, noting their detrimental impact on the constitutional spirit of fraternity. “Divisive rhetoric creates mistrust among communities, leading to stereotypes and misunderstandings that can escalate into social unrest,” he said. He warned against narratives that pit communities against each other and criticized the use of social identities for electoral gains, which he said deepens societal divides.

The misuse of digital platforms, Justice Mishra said, further erodes societal cohesion. “The anonymity provided by digital platforms emboldens people to engage in abusive behavior without consequences. This has led to cyberbullying, targeted harassment, and online propaganda, all of which polarize society further,” he explained.

Justice Mishra articulated the judiciary’s pivotal role in fostering fraternity, suggesting that courts not only resolve disputes but actively promote constitutional values. “Our role extends beyond dispute resolution to the active promotion of constitutional values through our conduct and decisions,” he stated. He called for judgments to be written in accessible language and for mediation and reconciliation to be prioritized in appropriate cases.

He cited several Supreme Court judgments that reflect the evolving interpretation of fraternity. These include Shri Raghunathrao Ganpatrao v. Union of India (1994), where the principle of fraternity was invoked to reject claims for special privileges by erstwhile princes, and Janhit Abhiyan v. Union of India (2020), which upheld reservation policies for Economically Weaker Sections (EWS) as a means of bridging socio-economic divides. Justice Mishra also referenced Navtej Singh Johar v. Union of India (2018), which decriminalized Section 377 of the Indian Penal Code, saying, “The judgment emphasized that fraternity demands acceptance and respect for diverse identities, fostering a society where everyone can live with dignity.”

Discussing the interplay of fraternity with other constitutional principles, Justice Mishra noted its role in strengthening secularism. He referred to S.R. Bommai v. Union of India (1994), where the Court emphasized that secularism and fraternity together ensure mutual respect among religious communities. Similarly, in Tehseen S. Poonawalla v. Union of India (2018), the Court issued guidelines to curb lynching, highlighting fraternity as a safeguard against majoritarianism.

Justice Mishra stressed the importance of education in spreading the message of fraternity. “By incorporating lessons on empathy, solidarity, and constitutional values into their curriculums, we can inspire a new generation of citizens who prioritize community and compassion,” he said. He also emphasized the role of civil society and media in promoting mutual understanding and bridging societal divides.

He concluded by reaffirming fraternity’s enduring relevance in constitutional jurisprudence, describing it as the principle that balances individual dignity with national solidarity. Referring to the Preamble’s commitment to fraternity, Justice Mishra said, “The idea of fraternity transcends tolerance, promoting positive engagement among diverse communities.”