Jun 06, 2026
Jun 06, 2026
by B.S. Ramulu
The Article Most Cherished by Dr B.R. Ambedkar in the Indian Constitution
Many legal scholars and political commentators believe that Articles 12 to 19 of the Constitution of India—encompassing core civil liberties—are the most crucial elements of our democracy. While these rights are undoubtedly foundational, Dr B.R. Ambedkar, as the chief architect of the Constitution, a monumental human rights leader, and a champion of the subaltern, looked deeper into the pragmatism of power. He recognized that rights without remedies are mere illusions. Consequently, he declared Article 32—the Right to Constitutional Remedies—to be the most vital provision of all. Evaluating its supreme importance during the historic Constituent Assembly Debates, Babasaheb famously proclaimed:
"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. It is the very soul of the Constitution and the very heart of it."
Eminent constitutional jurist Professor M.V. Pylee, echoing this sentiment in his seminal works, asserted that Article 32 is the crowning glory of the Chapter on Fundamental Rights [Constitutional Government In India]. It does not merely declare rights; it provides an enforceable guarantee against state encroachment. This provision elevates the Supreme Court to the unique status of the "Defender and Guarantor of Fundamental Rights," ensuring that the Indian federation remains a welfare state rooted in institutional morality rather than autocratic whims.
The Enforcement Mechanism: The Five Prerogative Writs
Part III of the Constitution guarantees all citizens robust fundamental rights, including the Right to Equality (Articles 14–18) and the Right to Freedom (Articles 19–22). However, these rights would be hollow and meaningless without an explicit constitutional remedy to resurrect them if they are violated or abridged by the state apparatus.
Under Article 32, if the State, the government, or ruling authorities trample upon the Fundamental Rights of any citizen, the aggrieved individual is not required to navigate the prolonged hierarchies of lower courts. Instead, they possess the inherent right to approach the Supreme Court of India directly for redressal. To guarantee the preservation of citizens' rights, Article 32 empowers the Supreme Court to issue five types of special judicial commands, known as Writs:
The Totalitarian Paradigm: A Contrast with China and Russia
To truly appreciate the liberating essence of Article 32 and the protective shield gifted to us by our Chief Architect, one must contrast it with the totalitarian frameworks of prominent communist regimes like China and Russia.
Under the constitutional and structural framework of the People's Republic of China, the concept of judicial independence is entirely non-existent. The courts function strictly as administrative sub-departments subordinated to the Communist Party of China (CCP). The judiciary possesses no sovereign authority to interpret the law objectively; instead, judges are mandated to merely execute the pre-determined verdicts formulated by the CCP’s Politburo.
Legal protections against arbitrary state detention, such as the writ of Habeas Corpus, are completely absent in China. The state utilizes a draconian legal mechanism known as RSDL (Residential Surveillance at a Designated Location). Under this black law, any ordinary citizen, intellectual, or human rights attorney who speaks out against the communist regime can be abducted by state security apparatuses without a judicial warrant, held in absolute incommunicado detention for up to six months in undisclosed black sites, and subjected to severe interrogation and torture. The Chinese judiciary lacks any constitutional power to question these state-sponsored disappearances. Furthermore, the inherent right of citizens to file Public Interest Litigations (PIL) against governmental malfeasance or administrative overreach is completely nil. Any attempt to utilize the legal framework to question macro-governance is strictly designated as treason, leading to immediate and indefinite imprisonment.
Similarly, while the Russian legal system outwardly structures a multi-party democracy and records civil rights, its judiciary operates under a compromised systemic phenomenon known as "Telephone Justice." Supreme political executives from the Kremlin dictate verdicts directly to judges over telephonic commands. Judges who rule against Vladimir Putin's administration face immediate removal or state-sponsored retaliation. Nominal provisions against arbitrary detention exist, but they are functionally decorative. Dissidents are routinely branded as extremists and banished to Siberian penal colonies without a fair trial. The mechanism of PIL is heavily suppressed; any civil society organisation attempting to utilize the courts for public advocacy against systemic corruption is designated as a "Foreign Agent," leading to the freezing of assets and absolute institutional liquidation.
When we look at these international realities, the heart-wrenching condition of ordinary citizens under communist rule becomes clear. In China and Russia, if an ordinary person is dragged out of their home at midnight by the police, their family has no right to even know if they are dead or alive. There is no Habeas Corpus there; there is no constitutional "heart or soul" protecting them.
Historical Trajectories: State Excesses and the Armed Left
Even within India's robust constitutional framework, history witnesses dark eras—such as the National Emergency (1975–77) and the armed agrarian insurrections—where state machinery brutally overreached. Yet, the resilience of Habeas Corpus and Article 32 stood as the ultimate line of defense.
During the Emergency, P. Rajan, an engineering student in Kerala, was unlawfully abducted by the police on suspicion of Naxalite sympathies. He was tortured to death in a secret lockup, and his body was clandestinely disposed of. When the State falsely denied custody, his father, Eachara Varier, mounted a heroic battle by filing a writ of Habeas Corpus in the Kerala High Court. The court's unyielding directive to produce Rajan shattered the state’s impunity and forced the then Home Minister K. Karunakaran to resign.
Conversely, the tragedy of Snehalata Reddy, a renowned actress and socialist activist, stands as a stark warning of what happens when constitutional remedies are silenced. She was arbitrarily detained under the draconian MISA (Maintenance of Internal Security Act) for her political dissent. Despite suffering from chronic asthma, she was denied basic medical aid and subjected to subhuman prison conditions for eight months. Because the Supreme Court had temporarily suspended the enforcement of fundamental rights during the Emergency (the infamous ADM Jabalpur verdict), Article 32 was crippled, leading to her untimely demise shortly after her release.
The eternal spirit of Article 21 was reaffirmed in the case of A. Varghese, a left-wing activist fighting for tribal land rights in Wayanad, who was captured and executed by the police at point-blank range in 1970, staged as an "encounter." Decades later, in 1998, a conscience-stricken constable confessed that he had murdered Varghese under the direct commands of his superior, IG Lakshmana. Guided by the Constitution, the judiciary intervened, and in 2010, the former top cop was convicted of murder. This historic verdict proved that under the Indian Constitution, the state cannot weaponize extrajudicial killings.
A profound sociological evaluation reveals that the "Janatan Adalats" (People's Courts) conducted by Naxalites and Maoists in rural and tribal pockets are nothing but microcosms of the macro-authoritarian governance seen in Russia and China. Guided by the radical Marxist-Leninist dictum of the "Dictatorship of the Proletariat," which I analyzed deeply during my studies of Lenin's The State and Revolution, these insurgent camps enforce an absolute negation of individual liberty. In these parallel tribunals, the local squad commander becomes the judge, jury, and executioner. There is no due process, no legal representation, and no right to appeal; summary executions mimic Mao Zedong’s chaotic Cultural Revolution. This proves that power flowing solely from the barrel of a gun reduces citizens to serfs, whereas power flowing from constitutional text elevates them to sovereigns.
The Subaltern Perspective and the Path Forward
In India, it is entirely due to the constitutional fortress crafted by Babasaheb Dr B.R. Ambedkar that if our people are unlawfully detained by the police in the middle of the night, we possess the absolute sovereign power to approach a High Court or the Supreme Court by the very next morning. By moving a writ of Habeas Corpus, an ordinary citizen can fiercely command the state: "Produce my person before me!" and forcefully bend the neck of the ruling government to the majesty of the law.
Similarly, when injustice is meted out to the impoverished, the Dalits, or the Backward Classes (Bahujans) languishing at the absolute grassroots of society, any educated individual or social activist can simply write a letter or mail a postcard to the apex court. Upon receiving this Public Interest Litigation (PIL), the courts proactively take suo motu cognizance of the matter, dragging powerful IAS officers and political rulers straight into the judicial dock to answer for their misdeeds. While citizens in totalitarian regimes live in constant terror, the constitutional guarantees under Article 32 and Article 226 in our nation elevate even the most ordinary citizen to live with the dignity of a sovereign, possessing the unyielding right to question the rulers.
The double standard of our contemporary intelligentsia and mainstream opposition is glaring; they enjoy the absolute freedom of speech (Article 19) guaranteed by this very soil to criticize the domestic administration, yet selectively romanticize foreign communist regimes where dissent means death. We must shatter this ideological blindness. They hide these international realities because a truly awakened Bahujan society would recognize its own constitutional power and claim its rightful share in governance.
As a witness to grassroots struggles against feudal oppression and social subjugation in Telangana, my foundational conviction is that the Constitution of India is the supreme charter of dignity for the marginalized. Through our relentless struggles, we recently secured the 105th Constitutional Amendment to reclaim the sovereign right of states to manage state-level BC lists. Looking ahead, our next constitutional frontier must be a comprehensive National Caste Census to smash the artificial 50% reservation ceiling and achieve equitable representation. Technology and artificial intelligence may dictate the future structures of global governance, but the preservation of human dignity remains tethered to the vision of Dr Ambedkar. Communist autocracies extract obedience through the terror of a bullet; Dr Ambedkar’s democracy empowers the poorest citizen through the majesty of a ballot. Protecting this constitutional fortress is our supreme historical duty!
06-Jun-2026
More by : B.S. Ramulu