Why the Right to Constitutional Remedies is known as the heart and soul of the constitution?

Hi,

The Right to Constitutional Remedies is the 'heart and soul ' of the Indian Constitution in the following ways:

(1)When any of our rightsis violated,we can seek remedy through courts.If it is a fundamental right,we can directly approach the Supreme Cout or the High Court of the state.

(2)If any act of legislature or executive takes away or limits any of the fundamental rights,it will be invalid.We can challenge such laws of the central otr the state government in the court of law.

(3)The Supreme Court and the High Courts have the power to issue directions,orders or writs for the enforcement of the Fundamental Rights.

(4)Right to Constitutional Remedies makes other rights effective.This right is the guardian of other rights.

Hence we can say that "The Right To Constitutional Remedies" is the 'Heart and Soul ' of the Indian Constitution.

Hope the point is clear.

x^*
 

The Right to Constitutional Remedies is the 'heart and soul' of the Indian Constitution in the following ways:

(1)When any of our rights is violated,we can seek remedy through courts .If it is a fundamental right,we can directly approach the Supreme Court or the High Court of the state.

(2)If any act of legislature or executive takes away or limits any of the fundamental rights,it will be invalid .We can challenge such laws of the central otr the state government in the court of law.

(3)The Supreme Court and the High Courts have the power to issue directions,orders or writs for the enforcement of the Fundamental Rights.

(4)Right to Constitutional Remedies makes other rights effective .This right is the guardian of other rights.

poda

=1) if rights are like guarantees, they are of no use if there is no one honour them. =2) We have a right to seek enforcement of the above mentioned right. =3) This is called the right to Constitutional Remedies. =4) It is possible that sometimes our rights may be violated by fellow citizens, private bodies or by the government. =5) If it is a fundamental right we can directly approach the Supreme Court or the High Court of a state. =6) That is why Dr. Ambedkar called the Right to Constitutional Remedies, 'the heart and soul' of our Constitutional.

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Dr B.R.Ambedkar called article 32 of the Indian constitution as“the heart and sole of the constitution”

Article 32 which comes under right to constitutional remedies in part 3 of our constitution which covers fundamental rights.

Article 32 gives us the right to approach supreme court of India by appropriate procedure in case of infringement of any fundamental right. The Supreme court shall have the power to issue directions or orders or writs, writs in the nature of habeas corpus, mandamus, prohibition, certiorari and quo warranto, whichever may be appropriate, for the enforcement of the rights conferred.

The right guaranteed by this article shall not be suspended except as othervise provided for by the Constitution.

Thnx😀😀😀

when any of our rights are violated we seek remedy through courts we can directly approach the courts

thanks
 

right

It was acknowledged because mere declaration of the fundamental right without an effective machinery for enforcement of the fundamental rights would have been meaningless. Also, a right which does not have a remedy is a worthless declaration. Thus, the framers of our constitution adopted the special provisions in the article 32 which provided remedies to the violated fundamental rights of a citizen. Supreme Court cannot refuse to exercise its writ jurisdiction mainly because article 32 itself is a fundamental right and supreme court is guarantor or defender of fundamental rights.

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