Question
Download Solution PDFWhich of the following rights was described by Dr. B.R. Ambedkar as the "heart and soul of the Constitution"?
This question was previously asked in
CSIR CERI JSA Official Paper-II (Held On 2022)
Answer (Detailed Solution Below)
Option 3 : Right to constitutional remedies
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Detailed Solution
Download Solution PDFThe 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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