Question

Right to constitutional remedies as a Fundamental Right of the Constitution of India is stated in which of the following Articles?

• A. Article 34
• B. Article 31
• C. Article 32
• D. Article 33

Answer 1

Answer:

C. Article 32

Article 32: The Heart and Soul of Indian Constitution

• Article 32 of the Constitution of India guarantees the 'Right to Constitutional Remedies'.

• This right empowers citizens to move the Supreme Court (and High Courts under Article 226) for the enforcement of their Fundamental Rights.

• Dr. B.R. Ambedkar famously described Article 32 as the 'heart and soul' of the Indian Constitution, highlighting its paramount importance.

Key Aspects of Article 32:

• Enforcement of Fundamental Rights: This article is the bedrock upon which the enforceability of Fundamental Rights rests. Without it, these rights would be mere declarations without any legal backing.

• Supreme Court's Power: The Supreme Court has the power to issue directions, orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the enforcement of any of the rights conferred by Part III of the Constitution.

• Original Jurisdiction: Article 32 grants original jurisdiction to the Supreme Court, meaning citizens can directly approach the apex court without going through lower courts.

• Remedial Nature: It is called the 'Right to Constitutional Remedies' because it provides the remedy itself for the violation of fundamental rights.

• Wider Scope than Civil Courts: The Supreme Court's power under Article 32 is wider than its appellate jurisdiction.

• Parliamentary Power: Parliament can also empower any other court within the territory of India to exercise the powers of the Supreme Court under Article 32, subject to the limitations and provisions of the Constitution.