Question

Which Fundamental Right can be described as the soul and heart of the Constitution?
(A) Right to equality
(B) Right to prosperity
(C) Right to constitutional remedies
(D) Right to freedom of speech

Answer 1

Hint: This right is described as an Article without which this Constitution would not be of any significance, for it is the very soul of the Constitution and the very heart of it. This description was given by Dr. B.R. Ambedkar.

Complete answer:
A mere declaration of fundamental rights in the Constitution would be meaningless, worthless, and useless without providing an effective mechanism for their enforcement, if and when violated. Thus, Article 32 has been created by the framers of our Constitution in order to protect these fundamental rights; the right to get fundamental rights protected is in itself a fundamental right. Thus, this fundamental right makes the other fundamental rights real. This is why Dr. B.R. Ambedkar described this right as the very soul and heart of the Constitution without which the Constitution would be a nullity. The Supreme Court has ruled that Article 32 is a basic feature of the Constitution under the Basic Structure Doctrine. This means that the Parliament can not take away this right by an amendment to the Constitution.
This right has mainly four provisions:
First, the right to move the Supreme Court for enforcement is guaranteed. Second, The Supreme Court has the power to issue writs or directions or orders for the enforcement of any of the fundamental rights. Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto are the writs that can be issued in this regard. Third, the Parliament can empower any other court to issue writs or directions or orders in this regard, however high courts are not included in any other courts since Article 226 has already conferred this power on the high courts. Fourth, only the President can suspend the right to move the Supreme Court for the enforcement of the fundamental rights during a national emergency (Article 359).

Thus, option (C) is correct.

Note: The Supreme Court is the defender and guarantor of the fundamental rights of the citizens. The writs issued for the enforcement of fundamental rights are borrowed from English law where they are known as ‘prerogative writs’.