Supreme Court reasserts the constitutional balance between fraternity and free expression | Current Affairs | Vision IAS

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ESC

In Summary

  • SC in Atul Mishra v. UoI (2026) held vilifying communities is constitutionally impermissible, upholding fraternity's role in democracy.
  • The Court recognized artistic freedom under Article 19(1)(a) but subject to necessary, not convenient, restrictions under Article 19(2).
  • Fraternity, a Preamble objective, assures individual dignity and national unity, supported by Article 51A(e).

In Summary

In Atul Mishra v. Union of India (2026), the Supreme Court (SC) dealt with a writ petition challenging the title of a proposed film, on the ground that it allegedly stereotyped against a particular community.

About the Judgement

  • Protection of community dignity through the value of fraternity:
    • SC reaffirmed that vilifying any community on the basis of caste, religion, language or region is constitutionally impermissible.
    • SC held that fraternity is essential for sustaining liberty and equality in a democracy.
      • During Constituent Assembly debates, Dr. BR Ambedkar posited that liberty, equality, and fraternity form a "union of trinity." To divorce one from the other is to defeat the very purpose of democracy. 
  • Freedom of artistic and expressive speech under Article 19(1)(a):
    • The court recognised the right of filmmakers and artists to express their ideas through creative mediums.
    • However, this right is subject to reasonable restrictions under Article 19(2) but they must be based on necessity and not on mere convenience or public sentiment.

Related Constitutional Provisions

  • Fraternity
    • Key objective in the Preamble: Assures dignity of the individual and unity and integrity of the nation.
    • Article 51A(e) (fundamental duty): imposes a duty on citizens to promote harmony and brotherhood.
  • Freedom of Speech and Expression
    • Article 19(1)(a): Fundamental right to freedom of speech and expression. 
    • Article 19(2): Reasonable restrictions can be imposed on grounds of sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
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Writ Petition

A formal written request made to a court, especially one filed to obtain a writ. In this context, it was filed to challenge the title of a proposed film on grounds of alleged stereotyping against a community.

Article 51A(e)

This article, part of the Fundamental Duties chapter in the Indian Constitution, imposes a duty on every citizen to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities.

Article 19(2)

This article outlines the reasonable restrictions that can be imposed on the freedom of speech and expression guaranteed under Article 19(1)(a). These restrictions are limited to grounds such as sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offence.

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