Q.4. ‘Article 32 is the soul of the Indian Constitution.’ Explain it in brief.

Article 32 of the Indian Constitution is often referred to as the “soul of the Constitution” and the “heart of it” by Dr. B.R. Ambedkar, the principal architect of the Constitution of India. This article embodies the principle of judicial review and the protection of fundamental rights.

Here’s a brief explanation of its significance:

• Guaranteed Right to Constitutional Remedies: Article 32 guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by Part III of the Constitution. This means that if any individual’s fundamental rights are violated, they can directly approach the Supreme Court for redress.

• Power to Issue Writs: The Supreme Court has the power to issue directions, orders, or writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to enforce the fundamental rights. These writs are powerful tools that ensure the protection of citizens’ rights against unlawful actions by the state or other bodies.

• Cannot be Suspended: The rights guaranteed by Article 32 cannot be suspended except during the period of Emergency, as provided by the Constitution itself. This ensures that the right to seek justice through the Supreme Court remains available to citizens at all times.

• Essential for Upholding Democracy: By providing a mechanism for the protection of fundamental rights, Article 32 is essential for upholding the rule of law and the democratic framework of India. It empowers citizens and acts as a check on the powers of the state.

In essence, Article 32 is a cornerstone of Indian democracy, providing a direct avenue to the judiciary to seek enforcement of fundamental rights. It is a testament to the importance of judicial oversight in the governance of the country and the protection of individual liberties.