Previous Year 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 effective remedy against the violation of Fundamental Rights.
Select the correct answer using the codes given below:
(A) and (R) both are true and (R) is the correct explanation of (A).
(A) and (R) both are true, but (R) is not the correct explanation of (A).
(A) is true but (R) is false.
(A) is false but (R) is true.
Correct Answer: A
Detailed Solution
While speaking in the Constituent Assembly on 9 December 1948 on the provision corresponding to Article 32, Dr. B. R. Ambedkar described it as the “very soul” and “very heart” of the Constitution. The official material of the Supreme Court also records this statement.
The reason lies in the nature of Article 32 itself. Article 32(1) gives a guaranteed right to approach the Supreme Court directly for enforcement of the Fundamental Rights provided under Part III.
Article 32(2) empowers the Supreme Court to issue directions, orders and five principal writs—Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari—for enforcement of Fundamental Rights. Thus, Fundamental Rights are not merely declared rights; an effective constitutional remedy is also available when they are violated.
For this reason, the statement in Reason that Article 32 provides an effective remedy against violation of Fundamental Rights explains why Dr. Ambedkar attached such exceptional importance to Article 32. Therefore, there is a direct logical relationship between the Assertion and the Reason.