(1.) I do not doubt the right of Parliament and of the executive to place restrictions upon a man's freedom. I fully agree that the fundamental rights conferred by the Constitution are not absolute. They are limited. In some cases the limitations are imposed by the Constitution itself. In others, Parliament has been given the power to impose further restrictions and in doing so to confer authority on the executive to carry its purpose into effect. But in every case it is the rights which are fundamental, not the limitations; and it is the duty of this Court and of all courts in the land to guard and defend these rights jealously. It is our duty and privilege to see that rights which were intended to be fundamental are kept fundamental and to see that neither Parliament nor the executive exceed the bounds within which they are confined by the Constitution when given the power to impose a restricted set of fetters on these freedoms; and in the case of the executive, to see further that it does not travel beyond the powers conferred by Parliament. We are here to preserve intact for the peoples of India the freedoms which have now been guaranteed to them and which they have learned through the years to cherish, to the very fullest extent of the guarantee, and to ensure that they are not whittled away or brought to nought either by Parliamentary legislation or by executive action.
(2.) The English philosopher John Stuart Mill considered a society in which liberties were not respected as one that, irrespective of the form of its governance, was never free. For him a free society was one where liberty existed as an absolute and unqualified concept. Liberty comprised essentially of three components viz. (i) liberty of thought and expression - the freedom to express your ideas and beliefs; (ii) liberty of tastes and pursuits - the freedom to do what one wants without any obstruction from fellow citizens so long as it did not harm them and (iii) liberty of combination of individuals - the freedom to unite for any purpose not involving harm to others. The worth of a State lay in the worth of the individuals composing it and accordingly, a free State was one where the collective liberties of its citizens were duly recognised and respected.
(3.) Our Constitution recognises the concept of Liberty - of thought, expression, belief, faith and worship. This is borne out in its Preamble. In order to understand the true sense in which the concept of liberty was perceived by the framers of our Constitution, we have to first understand the nature of the Constitution itself. As observed by Granville Austin (Granville Austin, The Indian Constitution; Cornerstone of a Nation), The Indian Constitution is first and foremost a social document for majority of its provisions are either directly aimed at furthering the goals of the social revolution or attempt to foster this revolution by establishing the conditions necessary for its achievement. The core of the commitment to social revolution lies in Parts III and IV, in the fundamental rights and in the Directive Principles of State Policy. Together, they constitute the Conscience of the Constitution. The provisions of Part III and IV have their roots deep in the struggle for independence and they were included in the Constitution in the hope that one day the tree of true liberty would bloom in India.
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