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The preamble of constitution of India professes to secure liberty of belief, thought, expression, faith and
worship which are essential to the development of the individuals and the nation. Liberty or freedom
signifies absence of external impediments of motion. It implies absence of restraint. Liberty is power of
doing what is allowed by law. Aristotle stated that in democracy, liberty is supposed, for it is commonly
held that no man is free in any other government. Liberty is a concept of multiple strands. No universally
accepted definition of liberty exists, although statesmen and judges, among others, have attempted to
give an all-comprising definition of the same. Liberty in the preamble of constitution of India does not
mean mere absence of restraint of domination. It is a positive concept of the, right to liberty of thought,
expression, belief, faith and worship. Acharya J.B Kriplani observed that liberty of thought, expression,
belief, faith and worship all these freedoms can be only be guaranteed on the basis of non-violence.
Democracy is closely connected with the concept of liberty. Therefore, certain minimal rights are to be
enjoyed by every person in a community for free and civilized existence in the civil society. In an ordered
society, the liberty of no individual can be absolute or unfettered. It must be subject to social control, in
order to protect the collective interests of the aggregate of the individuals who constitute that society.
For example, for prevention and investigation of crimes and the prosecution of criminals. In order, to
sustain democracy, liberty is not to degenerate into license. This has been highlighted by Justice
Ramaswamy in his dissenting opinion in Kartar Singhs Case.[xxxv]

Liberty is the most cherished possession of a man. Liberty is the right of doing an act which the law
permits. Constitution has recognized the existence of rights in every man. Liberty is confined and
controlled by law, whether common law or statute. It is a regulated freedom. It is not an abstract or
absolute freedom. The safeguards of liberty lie in the good sense of the people and in the system of
representative and responsible government, which has been evolved. Liberty is itself the gift of law and
may by the law forfeited abridged[xxxvi]

It was held in Meyer v. Nebraska, Liberty denotes not merely freedom from bodily restraint but also the
right of the individual to contract, engage in any of the common occupations of life, to acquire useful
knowledge, to marry, establish a home and bring up children, to worship God according to dictates of his
own conscience, and generally to enjoy those privileges long recognized at common law as essential to
the orderly pursuit of happiness by free men.[xxxvii]

According to John Salmond, the sphere of my legal liberty is that sphere of activity within which the law
is contend to leave me aloneThe constitutional law of the country has fully guaranteed liberty through
its mechanisms, judiciary and established rules of justiciability.


Guaranteeing of certain rights to each individual is meaningless unless all equality is banished from the
social structure, and each individual is assured of equality status and opportunity for the development of
what is best in him. Rights carry no meaning, if they cannot be enjoyed equally by all members of the
community. One of the main tasks of the constitution makers was to ensure equality of status and
opportunity for all and to provide basis for ultimately establishing an egalitarian society. They proceeded
to achieve these objectives by incorporating a set of fundamental principles into the constitution.

D.D. Basu has observed that it is the same equality of status and opportunity that the constitution of India
professes to offer to the citizens by the preamble.[xxxviii] Equality of status and opportunity is secured to
the people of India by abolishing all distinctions and discriminations by the state between citizen and
citizen on the ground of religion, race, caste sex and by throwing open public places, by abolishing
untouchablity and titles, by securing equality for opportunity in the matters relating to employment or
matters relating to employment or appointment to any office under the state. It is exactly this equality of
status and opportunity that our constitution professes to offer to the citizens by the preamble. The
principle of equality of law means not the same law should apply to everyone, but that a law should deal
alike with all in one class; that these should be equality of treatment under equal circumstances. It means
that should not be treated unlike and unlikes should not be treated alike. Likes should be treated
alike.[xxxix]Equality is one of the magnificent cornerstones of Indian democracy.[xl] An equality status
permeates the basic structure of the constitution.[xli]


Fraternity means the spirit of brotherhood, a feeling that all people are children of the same soil, the same
motherland. The term was added to the preamble by a drafting committee of the constituent assembly,
as the committee felt the need for fraternal concord and the goodwill in India was never greater than by
then in this particular aim of the new constitution should be emphasised by special mention in the
preamble. The drafting committee has taken notice of the diversities of India based on race, religions,
languages and cultures. Fraternity is the cementing factor of the inherent diversities. Fraternity means
brotherhood, the promotion of which is absolutely essential for a country which is composed of many
race and religions. Brotherhood is a particular kind of relationship which links all human beings,
irrespective of gender and generation. A democratic system will function in a healthy manner only if there
is a spirit of brotherhood, oneness among the people of the land. Fraternity is not possible unless the
dignity of each individual is preserved and mutually respected. The longing for forming company paves
the way for fraternity. Peaceful co-existence, live and let live others, mutual understanding, feeling for
inter-se cooperation, attitude of adjustment, sacrifice, to be useful to others, enjoyment of common weal,
solidarity for defence of all and other good human qualities develop fraternity- are the promotion for the
concept of fraternity. The expression to promote among them all preceding the word fraternity is
significant in this respect. Among them all promotes, more particularly the word all-not only among
under privileged classes but also among the entire people of India. Do hereby adopt, enact etc. has been
borrowed from the last line the preamble of the Irish constitution. In the words of the Supreme Court-
fraternity means a sense of common brotherhood of all Indians. In a country like ours with so many
disruptive forces of regionalism, communalism and linguism, it is necessary to emphasis and re-emphasise
that the unity and integrity of India can be preserved only by a spirit of brotherhood. India has one
citizenship and every citizen should feel that he is Indian first irrespective of other basis.[xlii