Apr 3, 2022

Article 32 Indian Constitution Heart And Soul

Article 32 Constitution Heart And Soul

Heart And Soul Of Indian Constitution Article 32

Article 32 is known as the Heart and soul of indian Constitution. Article 32 includes the fundamental rights of individuals, that come under Part III of the Indian Constitution. It allows an individual to direct approach the Supreme Court, if he or she believes that his or her fundamental rights have been violated. Article 32 gives the power to an individual to safeguard and protect the fundamental rights of the individual. violation and enactment of the Fundamental Rights the constitutional weapons Writs, are being performed both by The Supreme Court and The High Court under Article 32 and 226 to issue directions, orders for the enforcement of the fundamental rights. Article 32 is also called the Right to Constitutional Remedies. Dr B.R. Ambedkar had said, that without article 32 the Constitution would be a nullity, Article 32 is the heart and soul of the Indian Constitution. The fundamental rights are guaranteed under Article 32, and cannot be suspended unless provided for by the Constitution.In the judgment of the L. Chandra Kumar vs Union Of India case, a bench of seven judges had declared that Article 32 is an integral and essential feature of the Constitution basic structure. During the 1975 Emergency, in the ADM Jabalpur vs Shivakant Shukla case, a bench of five judges of the Supreme Court, had ruled out that the Article 32 constitutional remedies would remain suspended during a national emergency. People will not be able to enforcement of their fundamental rights. In the 1977 Janata Party passed the 44th Amendment to restore the Constitution. the 44th Amendment said that an emergency could only be proclaimed after the prime minister and his or her cabinet gave a written advice to the president. Unlike in 1975 the prime minister alone taken a decision of  an emergency proclamation, without any written explanation and without consent of the cabinet. The article 32 constitutional remedies provided to the citizens is the most powerful immediate effects orders to protect the fundamental rights engrafted in the Indian Constitution. Article 32 ensures that no citizen's fundamental rights will be left unheard and deprived of being the citizens of an independent country.