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Question
Choose the most appropriate option:
Which among the following was described by Dr. B. R. Ambedkar as the "heart and soul of the Constitution of India"?
Options
Freedom of Religion
Right to Constitutional Remedies
Right to equality
Right to move throughout the territory of India
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Solution
Right to Constitutional Remedies
Explanation:
Dr. B. R. Ambedkar called Article 32 of the Indian Constitution i.e. Right to Constitutional remedies as 'the heart and soul of the Constitution'.
It was made so because the mere declaration of the fundamental right without effective machinery for enforcement of the fundamental rights would have been meaningless. Also, a right that does not have a remedy is a worthless declaration. Thus, the framers of our constitution adopted the special provisions in article 32 which provided remedies to the violated fundamental rights of a citizen.
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Principle: Damage without the violation of a legal right is not actionable in a court of law. If the interference with the rights of another person is not unlawful or unauthorized, but a necessary consequence of the exercise of defendant's own lawful rights, no action should lie.
Facts: There was an Established School ('ES') in a particular locality. Subsequently, a New School ('NS') was set up in the same locality, which charged lower fees, on account of which people started patronizing the new school. Because of the competition, 'ES' had to reduce its fees. 'ES' filed a case against 'NS' saying that 'NS' had caused it ('ES') financial loss and thus claimed compensation. Which of the following derivations is correct?
Legal principles:
1. Everyone has a right to defend their life and property against criminal harm provided it is not possible to approach public authorities and more harm than is necessary has been caused to avert the danger.
2 Nothing is an offence which is done in the exercise of the right of private defence.
Factual situation: The accused found the deceased engaged in sexual, intercourse with his 15-year-old daughter. The accused assaulted the deceased on the head with a spade which resulted in his death. Accused claimed private defence and the prosecution claimed that the sexual intercourse was with the consent of the daughter. Here, decision:
