Which fundamental right is considered as 'heart and soul of the constitution' and why?
Main Body
right, thus being the cornerstone of protection of all other fundamental rights in the Constitution. 5) Without Article 32, the Fundamental Rights would become merely decorative. (from Granville Austin) Reasons why Article 32 is the 'heart and soul': 1) It provides the machinery by which FRs can be enforced. 2) It provides for the right to move courts for enforcement of FR. 3) Art. 32 provides via appropriate proceedings, the sight to move the Supreme Court for the enforcement of FR; where the Supreme Court issue writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari; for the enforcement of FR. 4) Without Article 32, the Fundamental Rights would become merely decorative. 5) Thus, making Article 32 itself a fundamental right, making it the cornerstone of protection of all other fundamental rights in the Constitution.
Conclusion
Without Article 32, the Fundamental Rights would become merely decorative. Thus, making Article 32 itself a fundamental right, making it the cornerstone of protection of all other fundamental rights in the Constitution.
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RISHABH YADAV
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Right to Constitutional Remedies - Article 32
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analytical and explanatory
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