Question

Why right to constitutional remedimes the heart and soul of the constitution. Justify by five points.

Answer 1

Hey mate here is your answer

✏ Article 32 was called the “soul of the constitution and very heart of it” by Dr. Ambedkar. Supreme Court has included it in basic structure doctrine. Further, it is made clear that right to move to Supreme Court cannot be suspended except otherwise provided by the Constitution. This implies that this right suspended during a national emergency under article 359.

While Supreme Court has power to issue writs via article 32, High Courts have this power via article 226.

While Supreme Court has power to issue writs for enforcement of ONLY Fundamental rights, High Courts can issue writs for enforcement of fundamental rights as well as any other matter also. Thus, High Court has a wider jurisdiction from Supreme Court in matter of issuing writs.

Supreme Court can issue a writ against any person or authority within the territory of India while high court can issue such writ under its own territorial jurisdiction. Thus, High court’s writ jurisdiction is narrower in terms of territorial extent.

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. However, for high courts, exercising the power to issue writs is discretionary.