Question

Which article of the Indian Constitution is regarded as the Soul of Indian Constitutions?
(A) Art. 21
(B) Art. 31
(C) Art.19
(D) Art.32

Answer 1

Hint: The article number is not a prime number and it is for the Right to Constitutional remedies. This article provides remedies to the violated fundamental rights of a citizen. There are 5 types of writs provided under this article of Indian Constitution.

Complete answer:
The article Art. 32 of the Indian Constitution is regarded as the Soul of Indian Constitution. Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been ‘unduly deprived’. The apex court is given the authority to issue directions or orders for the execution of any of the rights bestowed by the constitution as it is considered ‘the protector and guarantor of Fundamental Rights’.

The five types of writs as provided under the Article 32 are:
 i) Habeas Corpus: This writ provides immediate relief in case of unlawful detention.
 ii) Quo Warranto: It is invoked in cases of public offices and it is issued to restrain persons from acting in public office to which he is not entitled to.
 iii) Mandamus: This writ is issued for the correct performance of mandatory and purely ministerial duties and is issued by a superior court to a lower court or government officer.
 iv) Certiorari: It is issued when there is a wrongful exercise of the jurisdiction and the decision of the case is based on it.
v) Prohibition: It is a writ directing a lower court to stop doing something which the law prohibits it from doing.

Hence, the correct answer is option D.

Note:
There have been many amendments made to this Article and the clause “Anti-freedom” was included after the 42nd amendment. This article also has many limitations such as it is not applicable during the operation of Martial law in any area, the power to the President to suspend the Article 32 and during any emergency when the Fundamental Rights remain suspended. Though the Writ Jurisdictions have prerogative powers and are discretionary in nature yet they are bound in the limits and are discretionary in nature.