Uh today uh i’ll be discussing with you the fourth preambler objective that is that is a fraternity now you see that in the constitution the words which are written before fraternity that speaks of to promote among them all fraternity that is ensuring the dignity of the individual
So fragility and dignity these two words these are joined together and that is of the individual so first of all what do we mean by the fraternity this becomes important what do we mean by the fraternity and if we see the definition given by barker what he calls about this fraternity
So he says that this fraternity as a principle of cooperation cooperation that means it includes a lot of rights to share to enjoy the common resources and to avail the services of the nation we see that these services like education police health and other public utility services for example this
Public transportation and so these are the services of the nation which brings the fraternity in action and this is a feeling of common brotherhood which gives rise to the fellow feeling that we must help each other that together we can live a better life and this is how we can mean by this
Fraternity which is a common a brotherhood or a commonness or the common sharing of the things common sharing of the resources common sharing of the public services public utility services as such and it is like uh something that as the sons of the same soil look at they have
So this is some similar things like that we being the son of that similar son the nation we should share our things we should keep the services of the nation for sharing to all of us and all the citizens are to be considered as brothers and you must be remembering one
Of the slogan which was a very very i mean important at once uh time and now also we are listening these type of the things that uh hindu muslims say is they survive high so why we need to say these type of the things this is just in order to
Enhance that common brotherhood in order to enhance the fraternity in the nation as a whole so we say that this fraternity means that they must stay with each other we all the citizens of the country they must stay with each other in every situation as brothers as sisters they all should
Come together and if they stand and fall together then we will find that there is a concept of the fraternity so the simple term or the simple meaning of the fraternity can be the cooperation the principle of co-operation then uh b shiva rao he was the constitutional adviser
And he in his framing of the indian constitution has written that regarding fraternity which is the fourth objective preamble of the preamble and that why it was added in the draft by the drafting committee in the constitution so he he wrote that the committee felt the need of fraternal fraternal concord
The fraternal harmony the fraternal unity and goodwill in india that was never felt before as it was at that time when the constitution was being framed because we all know that how india was divided at that time and how it was required that more and more common
Good more and more cooperation more and more brotherhood was required and that’s why this was the idea this was the philosophy that the constitution makers they they were having this particular aim that this should be emphasized in the constitution and therefore we see that the special reference has been made in the preamble
To the constitution of this word fraternity as we all know that this has come from the french revolution so we have incorporated in our constitution this uh term fraternity then a democratic system we see that in a democratic system we find that it would function only in a
Very healthy manner in a proper manner if there is the spirit of common brotherhood if there is a spirit of the commonness or if there is respect of the sharing of the things of or in other words we can say if there is a feeling of the oneness among all the
People in the nation then only we find that democratic system can run properly so we know that india is a land of diversity as i told you yesterday also and so here it is more and more needed that a spirit of unity or the sense of the belongingness of the nation
That was very much required so we can say that this is a term fraternity which cannot be found or which is something which is abstract term but if we find some of the provisions in the constitution then we’ll find that yes through these provisions the fraternity can be ensured and that has
Been assured by the constitution makers in the constitution of india so that feeling of oneness among the people of nation that was very important and that has been ensured by providing or by ensuring the equal rights to all the persons through which the fraternity can be promoted dr
Ambedkar he said about the fraternity that it is the principle which gives the unity and solidarity to social life fraternity is something which gives the unity and solidarity to the social life and this is a feeling which protect the unity of the india unity from what unity against the external attacks or disintegration
Type of the things will not be there if all these citizens of the country will be united so this is something which was important and this you see that the promise of fraternity is a means of improving the relations between different caste and different religions different communities that is all being
Reflected in the provisions of the constitution that particularly equality is very important in that respect so we find that water speaks about the fraternity to mean there is a relation between the people the relation between various religions the relation of the society as a whole that will promote the
Fraternity so we find that besides preamble the common citizenship or the single citizenship is one of the example of this fraternity that you see given under article 5 of the constitution because we in india have a single citizenship and that citizenship is for the nation for
For the country it is not for the states like america there is the dual citizenship in india we have a single citizenship and that promotes the idea of fraternity besides article 5 then you see that there is a provision in article 301 that is a free trade and commerce in the
Entire territory throughout the territory of the nation and that is another example of a unity and fraternity in the constitution provisions then to promote this fraternity we find that of course the provisions in part third of the constitution and they are also designed to promote the fraternity
That the rights of the citizens in article 19 that is to move freely throughout the territory of india and there is no distinction there is no discrimination however certain restrictions reasonable restrictions are there but otherwise every citizen has a right to freely move throughout the territory of india i
Can go at any place any any state and it is thick wherever he wants to go and go and this improves and this promotes the fraternity similarly every citizen has a right to reside in anywhere in the country and to settle in any part of the country of the india
And then at the same time citizens have the right to practice any profession or to carry on any of the occupation or trade uh under article 19. so all these provisions from most fraternities these provisions promote the oneness in the nation and you see that prior to 44th amendment act this
To acquire and hold or to dispose of the property was also there and though it has been deleted by 44th amendment so these were the rights under article 19. then besides this fundamental rights we see that part 4a though it has been added by 42nd amendment but it also uh shows those principles
Which also promotes the fraternity and particularly if you see uh that article 51 clause a e which is one of the fundamental duties so there the duty of every citizen is just to promote the harmony and the spirit of common brotherhood and this common brotherhood between whom that is
Between the citizens amongst the people of country they may be belonging to any religion they may have any language they may be from any of the region of the country there may be sectional diversities but what is required by this fundamental duty that is they have to promote the harmony and the
Spirit of the common brotherhood then we see that in the context of this fraternity we see that uh the constitution that goes uh beyond national boundaries also it is not only that uh this concept of the fraternity is confined in the constitution concerning national things but it has gone beyond the national boundaries
And we see that there is also an international aspect of fraternity in the constitution itself which takes us to the concept of universal brotherhood you may be knowing that the ancient indian ideal ideal of this That is the entire world being one family that is also promoting the idea of the uh this fraternity or the common brotherhood and this provision of this vasudeva or the world being one family you can find in article 51 of the constitution under the directive principles of the constitution
You find that article 51 which speaks of the international treaties and international things and on that basis we see that the entire world is being one family and the fraternity is trying to be enforced and promote by this provision also uh now uh the as you know that uh hmc wave
He has always written something in a critical manner similarly for fraternity his views and his arguments were also to some uh we can say extend ever of a different opinion and uh when he argued that uh preamble in the this fraternity in the preamble that is
Uh just a fair and just executive can promote the idea of fraternity in a better way than the constitutional mandate that he was of the opinion that it should not be in the constitution premium will fraternity should not be there in the constitutional frame but because this could be more properly i mean
Implemented through the executive order and not by any constitutional mandate and he further argues that this concept of moral fraternity is a moral and political ideal and the moral ideal or this political ideal need not to be the part of the constitution so this ideal of the preamble he says that this is
Ambiguous this is something big which cannot be implemented properly and he was of the opinion that without the proper understanding of what these ideals are they are useless for any constitutional scheme because he was of the opinion that these principles are of no values in the constitution and he
Supported his argument by saying that there are provisions in the constitution which are against fraternity for example he has given the example like the division of states on linguistic lines that on the basis of language there are certain divisions and partitions of the state that is not a case which is promoting
For the fraternity similarly the provisions in the constitution uh which are relating to the language that is also affecting the fraternity or that is militating the fraternity so if these type of the provisions are the part of the constitution then how it can be the preamble or objective
But we see that this preamble objective which was put in the preamble to the constitution which was said to be one of the need of that time when the constitution was being framed the judiciary has very well taken this concept or the idea of fraternity and you see that there are very case
Various cases in which the judiciary has accepted this fragility to an extent as a basic structure of the constitution and you see that the first and most extensive discussion on fraternity and that took place in the supreme court that was the case of indra sahani vs union of india it was of 1992
Also known as the mandal commission case and you may be knowing the facts of that case how this 27 percent reservation uh has been i mean recommended by the omission for the other backboard class in the society and when this case was being uh heard in the supreme court then supreme court has
Emphasized that the words fraternity that is assuring the dignity of the individual that have a special relevance in the indian context in india in india that has a special relevance because because of the social backwardness of certain sections in the society uh which were prevalent at that time in india so
The supreme court was of the opinion that certain sections of the society or the community who were not having the similar facilities they were not having the similar status in the society or who have been looked down by the society as at large so this idea of fraternity was used by the court
To justify the constitutional practice of reservation reservation for the backward classes and to bring about the progress of the persons who were marginalized in the society that is the marginalized section in the society so here in this case what uh the supreme court has done is that
This idea of fraternity has related with the reservation and the supreme court was of the opinion that the constitutional practice of reservation for the backwood classes that is important in order to bring about the progress of the marginalized sections of the society now in this in this case
Uh one uh justice thomann he resented uh of this judgment but the majority of the judges they have related their ideal of the fraternity and this fraternity find place in the judgments of the majority judgment where they use this fraternity in the context of this reservation and it is very interesting also that
As the justification of the affirmative action they said that this is not based on any conventional theory of substantive equality or what we say is the equality but it is the assurance of fraternity that is seen to be as it means to achieve the equality
So for the court in this case they were of the opinion that fraternity is important to achieve the equality if there would not be fraternity equality cannot be achieved and equality that is talking about the theory of the substantive equality in that particular case and this was the opinion uh in this
Versus union of india that is mandal commission then uh regarding uh privy purse you may be knowing as to there was the provision for the previewers for the princely in princely states earlier 1993 a justice pandian of the supreme court he used this principle of fraternity and
He rejected the argument that in the princely states which were there in the country so they cannot form a separate class under the constitution and they cannot have any special privileges being the prince of being the member from the princely states they cannot enjoy any special privilege because the constitution
Speaks for the equality the constitution speaks for the fraternity and in that fraternity until and unless the equality would be there then it cannot work for it cannot promote for the fraternity so it is important that these earthquake states which speaks for the previous that needs to be abolished so the supreme
Court in this case uh abolished the privy purse and the court has also paid some we can say the attention towards the sentiments of dr ambedkar when he was of the opinion that inclusion of fraternity within the constitutional provision is very important because in a country like
India where there are so many disruptive forces like regionalism is there communalism is there linguism is there so it is necessary to emphasize or to re-emphasize that the unity and integrity of the nation can be preserved and this could be done only by the spirit of brotherhood so india has
One citizenship and every citizen should feel that he is indian first so until and unless this thinking would be there in every citizen’s mind every citizen’s heart then we cannot achieve that fraternity so for achieving the fraternity it is required that this type of the feeling should be there in every indian’s
Mind then in ames students versus union uh versus ames ames students union versus ames this was of 2001 uh justice uh of the supreme court now this was the case regarding reservation in the post-graduate states of the ms and mg in ames and the reservation to the postgraduate
Students was not supported by the constitution after this indra sahani judgment that the reservation in specialty courses will not be there so the court in this case held that the preamble which has been assured to every citizen the idea of fraternity which is a means to achieve the national humility and dignity
Then this fraternity or the assurance of fraternity would be undermined if the reservation will be given to those which is not given or provided under the constitution and uh therefore it would be losing the values of the constitutional principles so we see that the reservation for these facilities super speciality forces
Is not given by the supreme court but in 2011 you see in indian medical association versus union of india wherein this 93rd amendment of the constitution which has inserted clause 5 to article 15 which speaks of the admission in the central uh institution central academic institutions and that was
The issue in this indian medical association article 15 class 5. and the court has emphasized in this case the need for providing this widespread access to the education as i told you that the fraternity can be enhanced and promoted by availing the public services like education health etc
So the court in this case emphasized on that need for providing the access to education and when there would be greater access to the education that would promote the ideal of the fraternity so in this case you see a connection or a relation was drawn between the equality rights and the fraternity
And the court was of the opinion that if there would be no equality then the person cannot have the access to the resources of the nation the access to the services of the nation and when there would be no access to the services and resources of the nation
Then equality would not be there and if there would be no equality then it would not result into fraternity because of the social conditions that we were not having the similar conditions there was a disruption on various grounds uh particularly community communal grounds but linguistic grounds various grounds were there
So if these type of the inequality would remain and there would be no access to the resources then naturally it would not result into fraternity so here what the court said that article 15 plus 5 which speaks of the reservation for the impersons of the other backward class in central academic institution
That is not violative of any of the provisions for fundamental rights rather article 15 clause 5 is held to be the basic structure in this case in indian medical association versus union of india 2011 which which has where the challenge for 93rd amendment which has inserted 15
Plus 5 was a supreme court held that this is the basic structure of the constitution then uh there was another case versus state of chhattisgarh now this was a case which was related to the appointment of uh some of the special police officers spews in order to constitute a private
Military salva judo you must have heard about that what you and the purpose was that just to control the moist activities in the state of chapters but that was challenged and that was challenged on the ground of article 14 as well as article 21 of the constitution
And the court held that this appointment of the spus is violative of article 14 and 15 and at the same time the court has employed the idea of fraternity in this in this case and the court has taken clue that uh there is a buffer on the unchecked
State power uh this is one thing and second that uh because the state has taken part in appointing these uh spatial officers spos in that manner so as a mechanism to promote more inclusive economic policy that is in consonance with the directive principles of the state policy and to reinforce the center’s responsibility
For upholding the human rights in the nation these type of the things are not required and therefore the fraternity idea has been enhanced by the supreme court in this case and the use of fraternity in the manner is indicative that fraternity not only binds the the organs of the estate but also binds
All label of the states to certain constitutional limitations that is article 14 which speaks of the equality and article 21 which speaks of the personal life and personal liberty uh on that basis the supreme court has given this judgment in nandini sundar while rejecting the appointments of the
Spos that were being taken by the state government there and just in order to control the mao attitude so you may be aware that some of the children below the age of their job even they were being appointed to control these moist activities by giving them the arms and ammunitions that was
Held to be violative and that was not to bring the idea of fraternity then in 2019 the supreme court in indian young lawyers association versus state of kerala that is also known as sabrimala case so here you see that uh discussing this object of the indian constitution uh supreme court observed that
Preamble aims at not only the transforming of political power from the colonialism but also the transformation of the structure of the government so that the they want to make the individuals as the main point of the society of a just society and the court held that the principles of justice liberty equality and
Fraternity they are not disjunctive disjunctive means that they cannot be interpreted in isolation they cannot be interpreted separately they have to join together they have to combine together in order to achieve and to fulfill the human values and therefore in this sabri mala case the supreme court had
Again held the idea of this fraternity that is required in order to bring the equality this is a case which is related to the banning of the women from 10 to 50 years of age to enter the temple this is also this so this fraternity on the basis of equality
Is important that was the judgment of the supreme court in this case so fraternity is required as an ideal then uh very recently in 2020 uh the supreme court in patriarch chohan versus the union of india justice uh s ravindrana ravindra bhatt delivered the judgment and he was of the opinion that
One of the objectives of the preamble to our constitution is fraternity fraternity that is ensuring the dignity of the individual and unity and integrity of the nation so the court held that it will be relevant to cite the uh idea and the explanation which was given by dr ambedkar and what
Dr ambedkar said about the fraternity that the fraternity is means a sense of common brotherhood for all indians and this was uh i mean uh quoted by the supreme court in this judgment of johan which was related to this reservation policy that is uh relating to the reservation this patriarchy
Again you see that the court has tried to equate this fraternity with that of the equality and considering that india has one common citizenship and every citizen should feel that he is indian first irrespective of any of the bases on the ground of the social or the customary i mean origin
And the quote was of the opinion that the measure for bringing the equality should be welcome and what are those measures to bring the equality naturally the affirmative actions or the positive discrimination so that everybody could be brought in the main stream of the society and this was the judgment of the supreme
Court and it has interpreted fraternity in terms of the equality then another thing which is related to the fraternity is the dignity of the individual so why it is required to promote the fraternity that is in order to assure the assuring the dignity of the individual while talking about the democracy
He was of the opinion when he said that he believes in democracy or he believes in the democratic institutions but his basic idea was that he wanted to bring this basic factor of the dignity of the individual and dignity can be conferred upon the individual or dignity can be brought
For the individual only when there would be opportunities opportunities for the growth opportunities for the growth in social institutions in political institutions in economic institutions so it is uh very important that if there would be dignity of the individual then he must be given the opportunities for the growth for the prosperity for
Flowering whatever is there in all the institutions of the national life so this was the idea of jawaharlal nehru about the divinity of the individual and you see that the preamble links fraternity with the individual state dignity for the unity and integrity of the nation so the basic reason for inclusion of this
Dignity was that some members of the community are treated as a lower order and they lacks the feeling of fraternity and each one must enjoy the same status and dignity so we see that this objective found place in the preamble in order to bring the equality so equality being on the topmost preamble
Objective that is also been spreading the fraternity and dignity and uh just a secretive justice secret in keswan and bharti case also held that the entire structure of the constitution of india that was built on the basic foundation of dignity and freedom of the individual
And this we see that not only from the preamble but uh the whole scheme of the constitution that it speaks about this uh dignity and freedom of the individual various provisions in part third particularly speaks for that and justice sherlock and justice grover they also spoke about various rights which have been
Made available to the individual citizens like equality religion dignity and individual can be made dignity of the individual can be maintained and the court held that the whole scheme which is there in the constitution that is just to bring about the social and economic changes without taking away the dignity of the individual
And part third and part four part four particularly if we talk about regarding dignity then we find that the state has to maintain what state has to go for its policies uh as a welfare state uh which can be said to bring about the dignity of the individual so maintaining dignity
It is required that the certain minimum uh this justiciable rights must be made available to the individual which is uh you see is given under article 32 of the constitution then to ensure that the individual is free from uh any types of the misery in the society or there is any want
Uh he is asking for without wish the freedoms or the idea of the self respect and dignity are meaningless so all these things are there in the constitution and you see that untouchability is abolished titles and awards are prohibited so these are showing that these are the things which are meant for
Bringing up the dignity of the individual and you see that the supreme court in lic versus cerc this is a consumer research center 1995 supreme court has held that right to dignity is a fundamental right and you see there are various other judgments where the supreme court has
Interpreted article 21 that is right to life and personal liberty to include the human dignity as the fundamental right under article 21 of the constitution so dignity is important and that dignity has been tried to be maintained and to in the constitution under various provisions by providing them equality
By providing them various liberties by providing them the right to move to the court in when there is a violation of the fundamental rights so they can have their dignity intact by by enjoying all these rights which are the part and part at the same time the livelihood rights
The equal pay for equal work to conditions which are workable all these provisions under 42 43 46 of the constitution they all are directed towards the maintaining of the dignity of the common man so this assuring promoting the fraternity assuring the dignity of the individual that is directed towards the
Unity and integrity of the nation now the principle of common citizenship is directed towards the strengthening this sense of unity and integrity of the nation and when we see this integrity you know that integrity was not in the original constitution it was only inserted after 42nd amendment to the constitution along with
Socialism and secularism so this is the third word which has been inserted after unity and integrity of the nation so for the founding fathers we see the indian republic that the constitution was above all an instrument for nation building and it was the result of we can say a good deal of mutual
Accommodation compromises consensus debates discussions so many things were there when we have this constitution of india in our hands so the makers of the constitution they realized that it was necessary to deal with the various types of the diversities which are here under the overall indian national identity that
National interest has to be taken care of and it has to make a nation strong the central has to be made very very strong so when you see the provisions in the constitution though india has gone for the federal construction constitution or federal system of the governance
But we find that there are provisions in the constitution which speaks for the strong centralization or a strong unitary system and it does not remain in federal in some situations which are not normal and that was the need of that time when the constitution was being framed
Because india has seen the celebrity of the britishers india was a colony of the britishers and it was only because of that the nation was not strong so to make the nation strong to bring the unity and integrity of the nation this was to be put in the preamble as one of the
Idea one of the objective that india has to be united india has to be integrated now very importantly you see that the term used unity and integrity of nation it is not used unity and integrity of india what do we mean by this nation and that is again very important and you see
This in balsam paul versus uchil university it was 1996 judgement and balsam paul versus cochin university when the court held that we are all directed to what is strengthening the indian fraternal feelings and building of one united nations and strong indian fellowship that is we have one constitution one flag and one
Citizenship for the entire country and we have to imbibe these things in our working also and we see that if we are talking about the nation and not of india so there is an emotional bond with the territory uh its culture its traditions its common ancestors also we see so its
The feeling of nationalism that is the unifying force to keep the citizens as one and it lends the identity to these citizens we are indians and uh preamble that emphasizes on the unity of national community it is not the physical unity and integrity of the territory of india
That is confined only to the geographical boundaries that india is having so it’s not the unity and integrity of india which can be considered through its geographical boundaries but it is the unity and integrity of the nation which is related with the culture with the tradition with the emotional bonds
With the common ancestors so everyone every citizen should feel that he is indian first he has to do something for his country then this unity and integrity would be conceived that this unity and integrity can be achieved which was the basic point in the constitutional preamble
So we see that anyone who says that there are more than one nation because you see every time there are voices to divide the country so that is a wrong concept and that should not be there and maybe that the idea of one nation one election national party or national agenda that
May bring more and more unity and integrity of the nation because we are all witnessing that what type of the activities are going on in the nation and these may be considered against the unity and integrity of the nation various terroristic activities uh they are also there so if these
Type of the things would remain then naturally this idea of unity and integrity of nation would not be survived for a long time and for survival india is a long long time in tradition and culture that should be continued that would flower like anything so we need that this idea of national party
National agenda that may bring the unity and integrity instead of division at every place and this is how we can see that the preamble to the constitution of india is making a very very significant part of the entire constitution and this was also the issue whether causing this constitution preamble is a
Part of the constitution or not so in case supreme court said that this is not the part of the constitution while in keswon and bharti case this berubari judgment was overruled and supreme court said that this is the part of the constitution so this was something about preamble to the constitution
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