Q1.
“If I was asked to name any particular article in this Constitution as the most important — an article without which this Constitution would be a nullity — I could not refer to any other article except this one [right to constitutional remedies]. It is the very soul of the Constitution and the very heart of it…”, said Dr. B.R. Ambedkar during the Constituent Assembly Debates. Why is it important to have a way to protect rights?
Answer
Because an unenforceable right is only a promise. The chapter says exactly this about the right to constitutional remedies: it “ensures that these rights are not just promises on paper but can actually be protected and enforced.”
Follow the chain the chapter builds:
The Constitution gives six Fundamental Rights.
These rights can be enforced by law — if they are violated, people can approach the courts for justice.
Article 32 is the door to that court: the right to approach courts to protect Fundamental Rights.
Remove Article 32 and the other five categories become advice, not law.
These rights can be enforced by law — if they are violated, people can approach the courts for justice.
Article 32 is the door to that court: the right to approach courts to protect Fundamental Rights.
Remove Article 32 and the other five categories become advice, not law.
Why Ambedkar called it the soul of the Constitution: Fundamental Rights protect people from unfair treatment by others — and also from unfair actions by the government. Think about what that second half requires. The person you are complaining against is the one holding the power. Unless there is an independent court you can reach, a right against the government is a right you can never actually use. Article 32 is what makes the whole list binding on the state rather than a statement of good intentions.
You can see the same logic in the chapter’s own story, at a much smaller scale. Meena was kept out of the debate, Ravi out of the library stall, Gaganjit out of the exhibition hall. Their teacher’s answer was not sympathy but a route: “If any of these rights are denied, citizens have the right to approach the courts for justice.” Once the children took the matter to the fair organisers, the changes were actually made — a right that has somewhere to go gets results.
Tip: when you are asked why some right or institution matters, ask “what would go missing without it?” Without Article 32, every other Fundamental Right stays written and stops working.