Part of: Miscellaneous Indian Gk set 246

Which article know as a soul of Indian constitution?

Category: Miscellaneous Indian Gk

Hint: Consider the article that defines the fundamental rights of Indian citizens.

Correct Answer: D) 32

Exam Relevance: UPSC, SSC, Banking Exams, State PSC

Difficulty: Easy

Explanations:

The Indian Constitution is a comprehensive document that outlines the fundamental rights, duties, and responsibilities of citizens and the government. Among its many articles, Article 32 is often referred to as the "Soul of the Constitution." This designation is due to the critical role it plays in safeguarding the fundamental rights of Indian citizens.

Article 32 grants the right to constitutional remedies, which means that if a citizen's fundamental rights are violated, they have the right to approach the Supreme Court of India for redressal. The Supreme Court has the power to issue various writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to enforce these rights. This provision is crucial because it ensures that the Constitution's fundamental rights are not just theoretical but are enforceable in practice.

The importance of Article 32 can be understood in the context of the broader structure of the Indian Constitution. The Constitution is divided into several parts, with Part III specifically dealing with fundamental rights. These rights include the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies. Article 32 is the cornerstone of these rights, as it provides a mechanism for their enforcement.

It is important to note that while other articles in the Constitution are also significant, Article 32 holds a special place because it directly empowers citizens to seek justice from the highest court in the land. This provision is a testament to the Constitution's commitment to protecting individual liberties and ensuring that the government operates within the bounds of the law.

Understanding the significance of Article 32 is essential for anyone studying the Indian Constitution, particularly for those preparing for competitive exams such as the UPSC, SSC, and various state PSCs. It is a fundamental concept that underscores the importance of judicial oversight in the protection of individual rights and the rule of law.

Option Analysis:
  • Option A: This option is incorrect. Article 35 of the Indian Constitution deals with the power of Parliament to modify the rights conferred by Part III of the Constitution, but it is not considered the "Soul of the Constitution."
  • Option B: This option is incorrect. Article 40 of the Indian Constitution is part of the Directive Principles of State Policy and deals with the organization of village panchayats, but it is not the "Soul of the Constitution."
  • Option C: This option is incorrect. Article 13 of the Indian Constitution deals with the prohibition of laws inconsistent with fundamental rights, but it is not referred to as the "Soul of the Constitution."
  • Option D: This option is correct. Article 32 of the Indian Constitution is known as the "Soul of the Constitution" because it provides the right to constitutional remedies, which includes the right to move the Supreme Court for the enforcement of fundamental rights.

Mnemonic: Remember "32" as the "SOS" of the Constitution, standing for "Save Our Souls."

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