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

By Shivank Goel|Updated : August 24th, 2022

The Indian Constitution's Article 32, which guarantees the right to constitutional remedies, is referred to as the "Soul of the Indian Constitution." Article 32 of the Indian Constitution guarantees all people's fundamental rights. A person can use this system or process to complain to the Supreme Court when their fundamental rights have been violated. To seek redress and defend these rights, the case will be heard by the Supreme Court of India. Due to Article 32, the Supreme Court supports and protects "Fundamental Rights" in equal measure.

The Article referred to as Soul of the Indian Constitution

Individuals whose fundamental rights have been violated are given remedies under Article 32 of the Indian Constitution. The right to life and personal liberty, free speech and expression, and other rights are all incorporated in Part III of the Indian Constitution. If any additional rights are violated, a person has the right to go to the Supreme Court to enforce those rights.

When Article 32 was first created, there was debate inside the Constituent Assembly (now known as NITI Aayog) regarding whether it could be suspended or limited during an emergency. It was ultimately decided that it could only be suspended during a state of emergency. As a result, Article 32, also referred to as the "heart and soul of the constitution," safeguards the rights of Indian citizens.

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FAQs

  • It is a procedure or a means by which a person who has had their fundamental rights violated can file a case with India's highest court, the Supreme Court of India, to seek redress and have their rights upheld. As a result, Article 32 designates the Supreme Court as the protector and guarantor of "Fundamental Rights."

  • The Indian Constitution's Article 32, which guarantees the right to constitutional remedies, has been referred to as the heart and soul of the constitution by B.R. Ambedkar. It was done this way because it would have been pointless to declare a fundamental right without putting the necessary mechanisms for its enforcement in place.

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