Speaking at the Akhil Bharatiya Adhivakta Parishad’s National Council Meeting in Gujarat on December 27, Justice Mishra highlighted the challenges to this principle in today’s socio-political climate.
GUJARAT: Justice Prashant Kumar Mishra of the Supreme Court emphasized the critical importance of fraternity, a sense of unity and brotherhood, as envisioned in the Indian Constitution.
Speaking at the Akhil Bharatiya Adhivakta Parishad’s National Council Meeting in Gujarat on December 27, Justice Mishra highlighted the challenges to this principle in today’s socio-political climate.
Fraternity in the Constitution: A Pillar of Unity
Justice Mishra described fraternity as the binding force that holds the ideals of liberty, equality, and justice together.
He remarked, “Among the ideals of liberty, equality, and justice — fraternity shines as the unifying thread that binds the fabric of our democratic society. Without fraternity, the other ideals remain fragile, like a tripod missing a crucial leg.”
He further pointed out that divisive rhetoric based on religion, caste, or ethnicity poses a significant threat to this unity.
“In today’s polarized world, the relevance of fraternity is greater than ever. A major challenge to fraternity is the increasing use of divisive rhetoric based on religion, caste, and ethnicity. When individuals or groups promote narratives that pit one community against another, it weakens the sense of unity envisioned by the Constitution. Identity politics, while sometimes empowering marginalized groups, can become harmful when it focuses solely on narrow group interests at the expense of the common good. This often results in exclusion, discrimination, and conflict,” he observed.
Addressing Economic Inequality
Justice Mishra also spoke about the growing economic inequality in India, citing Oxfam’s report “Survival of the Richest.”
He noted, “Reports like Oxfam’s ‘Survival of the Richest’ reveal stark disparities, with the richest 1% of India’s population owning over 40% of the country’s wealth, while the bottom 50% hold just 3%.”
This disparity, he explained, leads to unequal access to essential services like education and healthcare.
“This economic divide is not only a financial issue but also a social one, as it leads to unequal access to education, healthcare, and basic resources,”
Justice Mishra added.
He suggested that the government could reduce these inequalities through inclusive policies, fair resource distribution, and adherence to the Directive Principles of State Policy (DPSPs) outlined in the Constitution.
Challenges of Digital Technology and Social Media
Justice Mishra also highlighted how digital platforms impact fraternity.
“In today’s digital age, fraternity faces growing challenges, particularly in curbing misinformation and hate speech on social media platforms. This highlights the importance of regulatory frameworks to safeguard public discourse while upholding constitutional values,” he said.
While acknowledging the potential of social media to connect diverse communities, he warned about its misuse.
“While these platforms can connect diverse communities and encourage dialogue, they are often misused to spread hate speech, misinformation, and divisive content. Such misuse undermines trust and creates discord, threatening social harmony,”
Justice Mishra noted.
Role of the Judiciary
The judiciary, Justice Mishra stressed, has a significant role in preserving fraternity.
“We must approach our roles with empathy and a commitment to the greater good. Whether it is through pro bono work, legal aid initiatives, or public interest litigation, we can contribute to strengthening the fraternity in our communities,” he remarked.
He also emphasized the need for accessible justice and reconciliation.
“The judiciary must play a proactive role in safeguarding fraternity, that it should prioritize mediation and reconciliation where appropriate, write judgments that are not only legally sound but also explained in accessible language, and ensure that court procedures themselves reflect fraternal values,” he said.
Call for Collective Responsibility
Justice Mishra’s speech concluded with a powerful call for unity.
“Let us remember that fraternity is not a destination but a journey — a journey toward a more just, inclusive, and harmonious society. As custodians of the Constitution, we bear the solemn responsibility of nurturing this spirit in all that we do,” he urged.
The event, held at the Vadtal Swaminarayan Temple, was centered on the theme “Fraternity: Spirit of the Constitution.”
Gujarat High Court Judge Justice Samir Dave also addressed the conference, which explored the philosophical, historical, and jurisprudential dimensions of fraternity. Justice Mishra’s address serves as a reminder of the enduring relevance of fraternity in a diverse and evolving India.
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