Which Article is Regarded as the Soul of the Indian Constitution?

By BYJU'S Exam Prep

Updated on: November 14th, 2023

The Soul of the Indian Constitution is Article 32, which guarantees the right to constitutional remedies and fundamental rights of all people. A person can use this system or process to complain to the Supreme Court when their fundamental rights have been violated. For the redress and defense of these rights, the matter shall be heard by the Supreme Court of India. Because of Article 32, the Supreme Court upholds and protects “fundamental rights” in equal measure.

Article Regarded as Soul of the Indian Constitution

Dr. B.R. Ambedkar once referred to Article 32 as the soul and heart of the Indian Constitution. He even said that the entire constitution would be nullity without this article. But why is Article 32 so important? It is because persons whose fundamental rights have been violated are given remedies under Article 32 of the Indian Constitution. The right to life and personal liberty, freedom of speech and expression, and other rights are all covered in Part III of the Indian Constitution.

  • If any additional rights are violated, a person has the right to approach the Supreme Court to enforce those rights.
  • When Article 32 was first created, there was debate within the Constituent Assembly (now known as NITI Aayog) about whether it could be suspended or limited during the Emergency.
  • Ultimately it was decided that it could be suspended only during emergencies.
  • Consequently, Article 32, also known as “the heart and soul of the Constitution”, protects the rights of Indian citizens.

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