Which Article of the Constitution confers the right to constitutional remedies, and how is it linked to Fundamental Rights?
- (a)Article 32; it is called the "heart and soul" of the Constitution
- (b)Article 226; it is a protective mechanism for Directive Principles
- (c)Article 21; it deals with personal liberty only
- (d)Article 14; it ensures equality before law
Answer
Why
Correct — A. Article 32 gives the right to move the Supreme Court to enforce Fundamental Rights, and it is itself one of them.
Dr B. R. Ambedkar called it the article without which the Constitution would be a nullity, 'the very soul of the Constitution and the very heart of it'.
Article 32 with the 'heart and soul' tag → option (a).
Why the others are wrong
- (b)Article 226; it is a protective mechanism for Directive Principles — Article 226 is the High Courts' writ power, for Fundamental Rights and other legal rights. Directive Principles are not enforceable by any court (Article 37).
- (c)Article 21; it deals with personal liberty only — Article 21 protects life and personal liberty. It is a right to be enforced, not the remedy, and it covers life as well as liberty.
- (d)Article 14; it ensures equality before law — Article 14 guarantees equality before the law and equal protection of the laws. It is a substantive right, not the right to constitutional remedies.
Concept
A right is only as strong as its remedy. Article 32 lets the Supreme Court issue directions, orders or writs, including habeas corpus, mandamus, prohibition, quo warranto and certiorari, to enforce Part III.
Because the remedy is itself a Fundamental Right, a person whose right is violated can go straight to the Supreme Court. Article 226 gives High Courts a similar and wider writ power.
During a National Emergency the President may, under Article 359, suspend the right to move courts to enforce Fundamental Rights. Since the 44th Amendment, Articles 20 and 21 are outside that power.
Key facts
- Article 32 is in Part III and is itself a Fundamental Right.
- Ambedkar called Article 32 'the very soul of the Constitution and the very heart of it'.
- The five writs are habeas corpus, mandamus, prohibition, quo warranto and certiorari.
- Article 226 lets High Courts issue writs for Fundamental Rights and for any other purpose.
Study next
Common traps
- Choosing Article 226 because it also covers writs: the right to constitutional remedies is Article 32, and Article 226 is a High Court power outside Part III.
- Linking a writ power to Directive Principles: they are not enforceable in any court.
The companion provision is asked at 9 Sep 2024, 09:00, GA Q.6, which asks which article mirrors Article 32's writ jurisdiction (Article 226).
Related PYQs
No directly related past PYQ was found.