Understanding the Heart and Soul of the Indian Constitution: Right to Constitutional Remedies

The question asks us to identify the person who described the "Right to Constitutional Remedies" as the "heart and soul" of the Indian Constitution. This fundamental right is a cornerstone of the Indian constitutional framework, ensuring that other fundamental rights are not merely theoretical but can be effectively enforced.

What is the Right to Constitutional Remedies?

The Right to Constitutional Remedies is primarily embodied in Article 32 of the Indian Constitution. Article 32 provides a guaranteed remedy for the enforcement of the fundamental rights. It states that a person can move the Supreme Court directly for the enforcement of their fundamental rights. The Supreme Court has the power to issue directives or orders or writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari for the enforcement of any of the fundamental rights.

Significance of Article 32 (Right to Constitutional Remedies)

Without the means to enforce them, fundamental rights would be meaningless declarations. Article 32 makes these rights justiciable, meaning they are legally enforceable. This right essentially acts as a protector and guarantor of all other fundamental rights provided by the Constitution.

Who Called it the "Heart and Soul"?

Among the prominent figures associated with the framing of the Indian Constitution, it was Dr B R Ambedkar who famously referred to the Right to Constitutional Remedies (Article 32) as the "heart and soul of the Indian Constitution".

Dr Ambedkar, who was the Chairman of the Drafting Committee of the Constitution, believed that this particular article was the most important as it provided the mechanism for the effective protection and enforcement of the fundamental rights listed in Part III of the Constitution. He emphasized that if a fundamental right is violated, a citizen can directly approach the Supreme Court for a remedy, which is a powerful guarantee.

Examining the Options:

Let's consider the contributions of the other options:

• Dr Rajendra Prasad: He was the President of the Constituent Assembly and later the first President of India. While a key figure, this specific quote is not attributed to him.
• Pandit Jawaharlal Nehru: He was the first Prime Minister of India and played a significant role in shaping the Constitution's ideals, including the Objectives Resolution. However, the "heart and soul" remark about Article 32 is not his.
• Sardar Patel: He was a key leader in integrating the princely states and played a crucial role in various committees of the Constituent Assembly, particularly on fundamental rights and minorities. The quote about Article 32 is not associated with him.

Therefore, based on historical records and constitutional discourse, the statement attributing the "heart and soul" description of the Right to Constitutional Remedies to Dr B R Ambedkar is correct.

Why Dr. B. R. Ambedkar's View is Important

Dr. Ambedkar understood that mere enumeration of rights was insufficient. The real value of fundamental rights lay in their enforceability. By providing a direct route to the highest court for redressal against the violation of these rights, Article 32 ensures that the state or any other entity cannot easily infringe upon them. This protection mechanism is what makes the rights truly fundamental and gives them vitality, hence his powerful description.

Revision Table: Key Figures and the Constitution

Additional Information: Writs under Article 32

Article 32 empowers the Supreme Court to issue various types of writs for the enforcement of fundamental rights. These writs are powerful instruments of judicial review and protection of liberties:

• Habeas Corpus: "You may have the body." Used to produce a person who is under detention, before a court, to know the cause of their detention.
• Mandamus: "We command." Issued by a court to a public official or body to perform a public duty which they have refused or failed to perform.
• Prohibition: Issued by a higher court to a lower court or tribunal prohibiting it from continuing with proceedings in excess of its jurisdiction or contravening established rules of justice.
• Certiorari: "To be certified" or "to be informed." Issued by a higher court to a lower court or tribunal to quash an order made by the latter in excess of jurisdiction or due to an error of law apparent on the face of the record.
• Quo Warranto: "By what authority." Issued to restrain a person from acting in a public office to which they are not entitled.

These writs make the right to constitutional remedies a potent tool for protecting individual freedoms against state action.