Fraternity and the Constitution: A Promising Beginning in Nandini Sundar V. State of Chattisgarh

Fraternity and the Constitution: A Promising Beginning in Nandini Sundar V. State of Chattisgarh

Volume 4 Issue 3 ()

Fraternity as an ideological concept finds its birth in the French Revolution, as well as an express mention in the Preamble to the Indian Constitution. Despite this clear constitutional space, little has been said or done in its furtherance. This paper seeks to account for the development of fraternity from both a historical and judicial perspective. In looking towards the history of the French Revolution and the Supreme Court’s treatment of the same, we intend to provide some clarity as to the true purpose and meaning of fraternity. In analyzing the history of the Preamble and its legal status, the authors seek to understand how courts employ the Preamble as a mechanism to interpret the Constitution. This paper concludes that the decision of the Supreme Court in Nandini Sundar v. State of Chhattisgarh, is a remarkable improvement in the judicial use of fraternity, and presents certain compelling prospects for the use of the Preamble in the process of constitutional adjudication.

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