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Monday, May 20, 2013

Which Article of the Indian Constitution did Dr.B.R. Ambedkar term as the "Heart and Soul of the Indian Constitution"?

A. Article 356
B. Article 32
C. Article 14
D. Article 19


Ans. (B) Article 32

Explanation: 


The article in the Constitution (Article 32) which guarantees a citizen the fundamental right to move the Supreme Court directly for enforcement of his or her fundamental rights instead of first approaching the High Court before a single judge and thereafter in appeal before a division bench. The rationale was to secure speedy and inexpensive justice. Dr Ambedkar regarded this provision as ‘‘the very soul of the Constitution and the very heart of it’’.
So the most unique feature of the Indian Constitution is Article 32. It is a fundamental right guaranteed to citizens of India under Part-III of the Constitution. The provision of the article states that:
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part [Part-III] is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

In the Constituent Assembly Debates Dr. Ambedkar once said, "If I am asked which is the most important provision of the Indian Constitution, without which the Constitution would not survive I would point to none other than article 32 which is the soul of the Indian Constitution".

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