what is soul of Indian Constitution
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Dr. B. R. Ambedkar called Article 32 of the Indian Constitution i.e. Right to Constitutional remedies as 'the heart and soul of the Constitution'. It was made so because mere declaration of the fundamental right without an effective machinery for enforcement of the fundamental rights would have been meaningless.
Reason
It was acknowledged because more 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.
Reason
It was acknowledged because more 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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Here is ur answer mate,
Right to constitutional remedies considered as Heart and soul of the Indian Constitution.
Hope it helps..........................
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