All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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28.

Which one of the following Fundamental Rights was described by Dr. B.R Ambedkar as ‘the heart and soul of the Constitution’?

A: Rights to equality
B: Rights to Freedom of Religion
C: Rights to Constitutional Remedies
D: All the above

The answer is: C

Explanation

The correct option is C: Rights to Constitutional Remedies 

This is the right that allows any citizen to approach the Supreme Court or the High Court if their fundamental rights are violated by the state or any other authority. It is also known as the right to judicial review, which means that the courts can examine the validity of any law or action that infringes upon the fundamental rights of the people.

Dr. B.R. Ambedkar, who was the chief architect of the Constitution, described this right as 'the heart and soul of the Constitution' because it makes the fundamental rights meaningful and effective. He said that without this right, the other rights would be reduced to mere declarations and would not be enforceable by the citizens.

Article 32 of the Constitution empowers the Supreme Court to issue various writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to protect the fundamental rights of the people. These writs are extraordinary remedies that can be invoked in cases of urgency or grave injustice. The Supreme Court can also award compensation to the victims of violation of fundamental rights.

Article 226 of the Constitution gives a similar power to the High Courts to issue writs for the enforcement of any of the rights conferred by Part III (Fundamental Rights) or for any other purpose. The High Courts have a wider jurisdiction than the Supreme Court in this regard, as they can also issue writs against private individuals or bodies, whereas the Supreme Court can only issue writs against the state or its instrumentalities.

Therefore, Option C is the correct answer, as it reflects the importance and significance of Article 32 and Article 226 in ensuring that no citizen is deprived of their fundamental rights guaranteed by the Constitution. Option A (Rights to Equality), option B (Rights to Freedom of Religion), and option D (All the above) are incorrect, as they are not described by Dr. B.R. Ambedkar as 'the heart and soul of the Constitution.