Which Article is regarded as the Soul of the Indian Constitution

Which article is regarded as the soul of the Indian Constitution?

Answer: The Right to Constitutional Remedies, which is found in Article 32 of the Indian Constitution, is referred to as the soul of the Indian constitution.

The fundamental rights of Indian citizens are protected by Article 32 of the Indian Constitution. It is a system or a mechanism by which a person whose basic rights have been violated can file a complaint with the Supreme Court. The Supreme Court of India will hear the case to seek redress and protect these rights. As a result of Article 32, the Supreme Court serves as both a protector and a supporter of ‘Fundamental Rights.’

Anyone whose basic rights were violated can claim compensation through it. The article is found in Part III of the Indian Constitution, alongside other rights such as the right to life and liberty, the right to free speech rights, and so on, and if some of these rights are breached, an individual has the right to file a complaint with the Supreme Court.

When article 32 was first established, there was a dispute inside the Constituent Assembly (today NITI Aayog) about whether it could be stopped or restricted during an emergency, and it was eventually determined that it couldn’t be suspended unless during a state of emergency. As a result, Article 32 protects the rights of Indian citizens and is known as the “heart and soul of the constitution.”

The right to petition the Supreme Court via Article 32 has diminished because the Supreme Court no longer hears petitioners’ petitions. The Indian Supreme court, and S.A. Bobde, the chief justice, stated that they are attempting to limit the scope of Article 32’s jurisdiction.

In response to the multiple petitions filed under Article 32, the Chief Justice of India issued a statement directing petitioners to seek the High Courts instead of the Supreme Court immediately under Article 32, as they are opposing such petitions.