Question

Consider the following statements:

Assertion (A): Dr Ambedkar had described Article 32 of the Constitution as the very soul of it.

Reason (R): Article 32 provides an effective remedy against the violation of Fundamental Rights.

Select the correct answer using the codes given below:

1. (A) and (R) both are true and (R) is the correct explanation of (A).
2. (A) and (R) both are true, but (R) is not the correct explanation of (A).
3. (A) is true, but (R) is false.
4. (A) is false, but (R) is true.

Answer 1

Correct Answer - Option 1 : (A) and (R) both are true and (R) is the correct explanation of (A).

The correct answer is (A) and (R) both are true and (R) is the correct explanation of (A).

•  Article 32:
  • It is a fundamental right, which gives every citizen of India the right to petition before the Supreme Court for the enforcement of other fundamental rights recognized by the Constitution.
  • This in itself can be considered a fundamental right as it protects the fundamental rights of the citizens.
  • We can say that the right to constitutional remedies is not a right in itself but safeguards other fundamental rights. Hence Reason is correct.
  • Under this, any person can take refuge in the court in case of violation of fundamental rights.
  • That is why Dr. Ambedkar said that Article 32 is the most important article of the Constitution, that, “Without it, the constitution is meaningless, it is the soul and heart of the constitution". Hence Assertion is correct.
• The Supreme Court has the authority to issue directions, orders, or writ for the enforcement of any fundamental right.
• According to Articles 32 and 226, the Supreme Court and the High Court issues 5 types of writs.
  • ​Habeas corpus ​
  • Mandamus
  • Certiorari
  • Quo Warranto
  • Prohibition

• However, according to the constitutional provisions, the President can suspend the right to petition before any court for the enforcement of fundamental rights during the period of national emergency.
• But this right cannot be suspended in any situation other than emergency or emergency.
• The jurisdiction of the High Court in terms of issuing writs is wider than the Supreme Court.
  • Reason: High Court has the power to issue writs for the enforcement of Fundamental Rights and any other purposes.