Which of the following rights was described by Dr. B.R. Ambedkar as the "heart and soul of the Constitution"?

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  1. Right to freedom of religion
  2. Right to equality
  3. Right to constitutional remedies
  4. Right to freedom

Answer (Detailed Solution Below)

Option 3 : Right to constitutional remedies
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Detailed Solution

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The correct answer is Right to constitutional remedies.

Key Points

  • Right to constitutional remedies
  • • Article 32 is termed a "fundamental right to enforce fundamental rights", making it unique.
  • • Ambedkar argued that without this right, the Constitution would be reduced to a mere set of unenforceable directives.
  • • The Supreme Court and High Courts (via Article 226) act as guardians of citizens’ rights through this provision.
  • • Empowers courts to issue writs to hold authorities accountable for rights violations.
  • • Reflects the Constitution’s commitment to justice and the rule of law, justifying Ambedkar’s description.

Additional Information

  • Right to freedom of religion
    • • Enshrined in Articles 25–28, it guarantees individuals the freedom to practice, profess, and propagate any religion.
    • • Ensures secularism by prohibiting state interference in religious matters, except on grounds of public order, morality, or health.
    • • Critical for India’s religious diversity but not termed the "heart and soul" by Ambedkar.
    • • Allows restrictions on practices like forced conversions or those violating human dignity (e.g., untouchability).
    • • Balances religious freedom with societal welfare but relies on remedies (Article 32) for enforcement.
  • Right to equality
    • • Encompasses Articles 14–18, ensuring equality before the law and prohibiting discrimination based on religion, caste, race, sex, or place of birth.
    • • Abolishes untouchability (Article 17) and titles (Article 18) to promote social justice.
    • • Key to India’s democratic ethos but not declared the Constitution’s "heart and soul" by Ambedkar.
    • • Includes affirmative action (reservations) for marginalized communities under Article 16(4).
    • • While foundational, its effectiveness depends on judicial remedies under Article 32.
  • Right to freedom
    • • Covered under Articles 19–22, it includes freedoms of speech, assembly, movement, residence, and profession.
    • • Subject to reasonable restrictions for national security, public order, and morality.
    • • Article 22 safeguards against arbitrary arrest and detention, ensuring due process.
    • • Essential for democratic participation but enforceable only through constitutional remedies (Article 32).
    • • Ambedkar acknowledged its importance but highlighted remedies as the lifeline for all freedoms.
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