Which Article of the Indian Constitution Is Known as the Heart and Soul of the Constitution?

The Indian Constitution guarantees various fundamental rights to the citizens and one of those Fundamental Rights is termed as the “Heart and Soul” of the Constitution because it guarantees the Right to Constitutional Remedies and allows the citizens to directly approach the Supreme Court for enforcement of Fundamental Rights. This Article forms the backbone of Indian democracy and the rule of law.

The Fundamental Right which protects other fundamental rights is very important in a democracy. Merely having rights written in the Constitution would be meaningless if there were no effective remedies to enforce them.

Here comes one of the articles of the Indian Constitution which is extremely powerful and protects the citizens against the arbitrary state action and serves as the guardian, enforcer, and protector of fundamental rights.

Dr B.R. Ambedkar, while addressing the Constituent Assembly, famously described this Article as the “Heart and Soul of the Constitution”, highlighting its indispensable role in safeguarding democracy.

Hence, Article 32 is known as the Heart and Soul of the Constitution.

Why Is Article 32 Known as the Heart and Soul of the Constitution?

Before getting into the understanding of Article 32, having an understanding why it is called as the Heart and Soul of the Constitution is important. Merely calling an article as the heart and soul of the constitution does not imply that this article is superior to other ones. Instead, it means that this article provides protection to the Fundamental Rights which is very important in a democracy and also without this article, the other provisions will become ineffective.

Article 32 is regarded as the Heart and Soul of the Constitution because it:

• Guarantees the Right to Constitutional Remedies

• Allows direct approach to the Supreme Court

• Empowers courts to issue writs for enforcement of Fundamental Rights

• Acts as a check on misuse of state power

Key Features of Article 32

Here we have provided some of the key reasons why Article 32 is known as the Heart and Soul of the Constitution and why it is so important in the constitution:

Writs Issued Under Article 32

One of the most major and crucial features of Article 32 is the power given to the Supreme Court to issue writs. These writs act as constitutional tools to protect citizens rights.

• Habeas Corpus: Protects personal liberty

• Mandamus: Commands a public authority to perform its duty

• Prohibition: Prevents lower courts from exceeding jurisdiction

• Certiorari: Quashes unlawful judicial or quasi-judicial orders

• Quo Warranto: Challenges unlawful holding of public office

Why Article 32 Is Crucial for Indian Democracy

Article 32 is very crucial in a democracy as it maintains that the democracy not just lies only in papers but also works in reality, meaning Indian democracy is not just paper democracy, in fact, it is a living democracy. Fundamental Rights will lose their meaning if they cannot be guaranteed and remedied on violation.

Article 32 ensures that:

• The Supreme Court acts as the guardian of citizens liberties

• The rule of law is maintained

• Citizens have faith in the constitutional system

• Those state activities which are arbitrary can be stopped.

Because of these assurances of protection, Article 32 is sometimes referred to as the “Cornerstone of the Indian Constitution”.

Can Article 32 Be Suspended?

Article 32 can be suspended only during a National Emergency declared under Article 352. However, even during an emergency:

• The suspension must be explicitly stated

• After the 44th Constitutional Amendment, Articles 20 and 21 cannot be suspended.

This balance ensures both national security and individual liberty.

Article 32 vs Article 226

Article 32 is enforced by the Supreme Court for the violation of Fundamental Rights. In a similar manner, Article 226 of the Indian Constitution provides powers to the High Courts to issue writs for the enforcement of Fundamental Rights as well as the legal rights. Therefore, the jurisdiction of High Courts is wider than the Supreme Court.

Importance of Article 32 from UPSC CSE Point of View

For UPSC aspirants, Article 32 is extremely important because:

• Frequently asked in Prelims

• Forms strong content for Mains GS Paper II

• Often quoted in judgments, essays, and polity answers

Directly linked with judicial review, writs, and constitutional remedies