The constitutional provision of fundamental rights is considered the sine qua non of liberty, for it imposes definite limitations on the powers of the government.
Their inclusion in the constitution is a declaration of the fact that certain elementary rights of the individuals are inviolable under all conditions and the shifting majorities in the legislature of a country should not be able to tamper with them.
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The theory of fundamental rights implies limited and free government. It aims at preventing the government and the legislature from becoming despotic and it is the duty of the courts to ensure their observance.
Fundamental rights are, accordingly, justiciable. In a Republican State it is given the name of “Bill of Rights” or “Declaration of Rights.” The people of the United States of America attach great sanctity to these rights.
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The Constitution of India contains an elaborate declaration of these fights under the heading Fundamental Rights.” These declarations of fundamental fights surpass even the declarations of the Weimar Constitution which had been considered to be the best of all hitherto made.
But fundamental rights are not absolute. They are subject to limitations in order to secure or promote the greater interests of the community or the State. Freedom does not mean anarchy.
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Restrictions are a necessary part of the rights and many constitutions provide for such restrictions. When constitutions state the rights broadly and leave their interpretations to the courts, reasonable restrictions have been imposed in public interest.