Which fundamental right is called the heart and soul of the Indian Co...
Dr. B.R.Ambedkar called ‘Article 32’ of the Indian Constitution, i.e., Right to Constitutional remedies, as ‘the heart and soul of the Constitution.’
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Which fundamental right is called the heart and soul of the Indian Co...
The fundamental right that is considered the heart and soul of the Indian Constitution is the Right to Constitutional Remedies, which is mentioned in Article 32. This fundamental right plays a crucial role in ensuring the effective enforcement of all other fundamental rights provided by the Constitution. It can be understood by analyzing its significance and the reasons behind it being called the heart and soul of the Indian Constitution.
Significance of Right to Constitutional Remedies:
- Provides a mechanism for the protection and enforcement of fundamental rights: The Right to Constitutional Remedies empowers citizens to move the Supreme Court directly for the enforcement of their fundamental rights. It acts as a safeguard against the violation of these rights by the state or any other authority.
- Ensures access to justice for all: This right guarantees that every individual has the right to seek legal remedies if their fundamental rights are violated. It ensures that justice is accessible to all, regardless of their social or economic status.
- Protects against arbitrary actions: The Right to Constitutional Remedies acts as a deterrent against arbitrary actions by the government or its officials. It provides citizens with the means to challenge any action that infringes upon their fundamental rights.
- Upholds the rule of law: This right reinforces the principle of the rule of law by ensuring that no person or authority is above the Constitution. It empowers citizens to hold the government accountable for any violation of their rights.
Reasons for being called the heart and soul of the Indian Constitution:
- Safeguards the entire constitutional framework: The Right to Constitutional Remedies is considered the heart and soul of the Indian Constitution because it safeguards the entire framework of fundamental rights. Without an effective mechanism for their enforcement, fundamental rights would merely be hollow promises.
- Provides a mechanism for judicial review: This right enables the Supreme Court to examine the constitutionality of laws and government actions. It allows the court to strike down any law or action that is found to be inconsistent with the fundamental rights guaranteed by the Constitution.
- Ensures the supremacy of the Constitution: The Right to Constitutional Remedies reinforces the supremacy of the Constitution by providing citizens with a legal recourse to challenge any law or action that violates their fundamental rights. It ensures that the Constitution remains the supreme law of the land.
In conclusion, the Right to Constitutional Remedies is rightly called the heart and soul of the Indian Constitution because it guarantees the enforcement of all other fundamental rights, ensures access to justice, protects against arbitrary actions, upholds the rule of law, safeguards the constitutional framework, provides a mechanism for judicial review, and ensures the supremacy of the Constitution.