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Article 32, described by Dr. Ambedkar as the 'heart and soul' of the Constitution, empowers the Supreme Court to issue writs for enforcement of Fundamental Rights, making the right to constitutional remedies itself a ______ Right, which Constitutional Morality requires to be accessible and effective.
- Legal
- Constitutional
- Fundamental
- Natural
Answer: Fundamental
Article 32 and Constitutional Morality: (a) Text: Article 32(1) guarantees right to move Supreme Court for enforcement of Fundamental Rights; Dr. Ambedkar called it 'heart and soul' because without remedies, rights are meaningless, (b) Writs: SC can issue Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto for FR enforcement, (c) Constitutional Morality application: (i) PIL relaxed locus standi to enable marginalized groups to access justice, (ii) Continuing mandamus ensures implementation of rights-based directions, (iii) Proportionality test calibrates restrictions to ensure they are justified, not arbitrary, (d) Balance: Article 32 not absolute; courts may refuse writ if adequate alternative remedy exists, petition frivolous, or delay prejudicial — but Constitutional Morality requires courts to prioritize access for marginalized, vulnerable groups, (e) Foundation of Indian constitutionalism: justiciable rights protected by independent judiciary; Constitutional Morality ensures enforcement architecture serves transformative vision of dignity and justice for all. Illustrates rights enforcement: text + interpretation + institutional practice realize constitutional values.