Question: Dr Ambedkar called Article 32 as the “heart and soul” of the constitution. Elaborate.
Answer: Article 32 of the constitution contains provision for constitutional remedies that allows individual to approach higher courts for violation of their fundamental rights.
Dr Ambedkar’s opinion shows that remedies for violation of fundamental rights occupies higher place in priorities of the constitution makers.
Constituents of Article 32
- Habeas Corpus
Bodily presentation of individual. It demands right to audience of the concerned individual in front of judiciary.
It directs a government body or individual to perform their duty properly. It checks on the authority of state machinery.
It involves directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction.
- Quo Warranto
It questions authority of a state administrative body to take a decision or action. It reduces power of bodies to misuse their authority.
Certiorari is a court process to seek judicial review of a decision of a lower court or government agency.
Significance of Article 32
- Prevents against misuse of state power
Constitutional remedy prevents state to exercise unlimited power and violate fundamental rights of citizens. It ensures that constitution upholds individual values.
- Reduces time for dispensing justice
Under Article 32, citizens can directly approach the supreme court for any case of violation of fundamental rights. It reduces the time that would have otherwise been needed to appeal from lower court.
- Prevents judicial encroachment
Judicial powers in matters of certain sections are restricted and controlled. There is a mechanism to prevent judiciary from violating its jurisdiction. This is enforced by making use of Article 32.
- Checks authority
Authority of administrative bodies are regulated by making use of writs under Article 32. It prevents the body from interfering in decisions that are out of their jurisdiction.
Thus, Article 32 is indeed very significant for upholding fundamental rights. Its ability to protect citizen rights make it “heart and soul” of constitution.