69
what
an
earlier
age
called
‘the
natural
rights of man’ and are the sort of thing
guaranteed in the American bills of rights.
‘It must be conceded’, the Supreme Court has
affirmed,
‘that
there
are
such
rights
in
every free government beyond the control of
the State. A government which recognized no
such
rights,
which
held
the
lives,
the
liberty, and the property of its citizens
subject
at
disposition
all
and
time
to
unlimited
the
absolute
control
of
even
the most democratic depository of power, is
after all but a despotism. It is true it is
a despotism of the many, of the majority, if
you
chose
to
call
it
so,
but
it
is
nonetheless a despotism.”
In A.K. Kaul V. Union of India, (1995) 4 SCC 73,
the
Supreme
Court
of
India
observed
that
in
‘a
written constitution the powers of the various organs
of the State are limited by the constitution. The
extent of those limitations has to be determined on
the interpretation of the relevant provisions of the