Which Right is known as the ‘heart and soul’ as listed in the Indian Constitution? Why?
Question
Which Right is known as the ‘heart and soul’ as listed in the Indian Constitution? Why?
Solution
The Right that is known as the 'heart and soul' of the Indian Constitution is the Right to Constitutional Remedies. This right is enshrined in Article 32 of the Indian Constitution.
Here's why it is known as the 'heart and soul':
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Protection of Fundamental Rights: Article 32 is the guardian of the fundamental rights that are granted to all citizens of India. It ensures that these rights are not violated by any authority.
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Power to the Judiciary: Article 32 empowers the Supreme Court to issue writs in case of any violation of the fundamental rights. These writs are in the nature of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
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Access to Justice: It provides every citizen the right to approach the Supreme Court if they believe their fundamental rights have been violated. This makes justice accessible to all.
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Dr. B.R. Ambedkar's View: Dr. B.R. Ambedkar, the chairman of the drafting committee of the Indian Constitution, referred to Article 32 as the 'heart and soul' of the constitution. He believed that without this right, the constitution would be a nullity.
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Enforceability: The Right to Constitutional Remedies ensures that the fundamental rights are not just theoretical or idealistic. They are enforceable and real.
In conclusion, the Right to Constitutional Remedies is known as the 'heart and soul' of the Indian Constitution because it ensures the protection, enforcement, and accessibility of the fundamental rights to every citizen.
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