Which Part of the Indian Constitution is Known as the Heart and Soul of the Constitution?
By BYJU'S Exam Prep
Updated on: November 9th, 2023
Article 32 of the Indian Constitution is called the Heart and soul of the Constitution according to Dr. B. R. Ambedkar. He stated during a debate in the Constituent Assembly and also mentioned that rights granted through it will always be exercised in the Supreme Court unless the Constitution has been amended.
Table of content
Heart and Soul of the Indian Constitution
The Right To Constitutional Remedies has been referred to as the heart and soul of the Constitution. This is mainly because, as per Article 32, citizens can move to the Supreme Court if denied their fundamental rights guaranteed in the Constitution. Hence, Article 32 provides the Supreme Court with the power to issue writs.
Furthermore, there are a few limitations to the Right to Constitutional Remedies, such as the proclamation of Emergency can suspend fundamental rights. Also, as per Article 359, the President can suspend Article 32.
- What is the 1st Amendment of the Indian Constitution?
- What is the Latest Amendment in Indian Constitution?
- Who is the Father of Indian Constitution?
Facts on the Constitution of India
- The Preamble was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950.
- That is why 26th November is celebrated as Constitution Day, also known as Samvidhan Divas.
- The Preamble states India is a Sovereign, Socialist, Secular, Democratic Republic committed to Justice, Equality, and Liberty for the people.
- The Preamble is not enforceable in the courts and does not grant substantive rights. It signifies that the power is vested in the hands of the people.
- Because the preamble is considered when interpreting the constitution whenever a question arises, it is also known as the soul of our constitution.
- The preamble is where India’s sovereignty originates, making it the source of Indian sovereignty.
- The Preamble may be subject to constitutional amendments under article 368 because it is a part of the Constitution.
- Based on Pandit Nehru’s Objectives Resolution, which the Constituent Assembly adopted, the Preamble of the Indian Constitution was created.
- On December 13, 1946, Nehru made the motion, which the Constituent Assembly approved on January 22, 1947.
Draft 25 was discussed by the Constituent Assembly on December 9th, 1948. In the event that their constitutional rights are violated, citizens have the option of petitioning the Supreme Court for relief. Concerning the significance of the Article, the Assembly agreed. Members referred to this clause as the crowning section and the very soul and the very heart of the Indian Constitution. Nevertheless, a few amendments were moved.
Summary:
Which Part of the Indian Constitution is Known as the Heart and Soul of the Constitution?
Dr. B.R. Ambedkar stated during a debate in the Constituent Assembly that Article 32 is the heart and soul of the Constitution. But the fundamental structure cannot be changed, according to the Supreme Court of India. As a result, it is referred to as the Constitution’s Heart and Soul.
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