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cat the bar, turning on Art. 19, demands some juristic response although avoidance of overlap per- suades me to drop all other questions canvassed before us. The Gopalan (supra) verdict, with the cocooning of Art. 22 into a self contained code, has suffered supersession at the hands of R. C. Cooper(1). By way of aside, the fluctuating fortunes of fundamental rights, when the proletarist and the proprietariat have asserted them in Court, partially provoke sociological research and hesitantly project the Cardozo thesis of subconscious forces in judicial noesis when the cycloramic review starts from Gopalan, moves on to In re : Kerala Education Bill and then on to All India Bank Employees Union, next to Sakai Newspapers, crowning in Cooper(1) and followed by Bennet Coleman(2) and Sambu Nath Sarkar(3). Be that as it may, the law is now settled, as I apprehend it, that no article in Part III is an island but part of a continent, and the conspectus of the whole part gives the directions and correction needed for interpretation of these basic provisions. Man is not dissectible into separate limbs and, likewise, cardinal rights in an organic constitution, which make man human have a synthesis. The proposition is indubitable, that art. 21 does not, in a given situation, exclude Art. 19 if both rights are breached.
We may switch to Art. 19 very briefly and travel along another, street for a while. Is freedom of extra-territorial travel to assure which is the primary office of an Indian passport, a facet of the freedom of speech and expression, of profession or vocation under Article 19? (1) [1973] 3 S.C.R. 530. (2) [1973] 2 S.C.R. 757. (3) [1973]1 S.C.R. 856. 729 My total consensus with Shri Justice Bhagwati jettisons from this judgment the profusion of precedents and the mosaic of many points and confines me to some fundamentals confusion on which, with all the clarity on details, may mar the conclusion. It is a salutary thought that the summit court should not interpret constitutional rights enshrined in Part III to choke its life-breath or chill its elan vital by processes of legalism, overruling the enduring values burning in the bosoms of those who won our Independence and drew up our founding document. We must also remember that when this Court lays down the law, not ad hoc tunes but essential notes, not temporary tumult but transcendental truth, must guide the judicial process in translating into authoritative notation the mood music of the Constitution.
While dealing with Art. 19 vis a vis freedom to travel abroad, we have to remember one spinal indicator. True, high constitutional policy has harmonised individual freedoms with holistic community good by inscribing exception's to Art. 19(1) in Art. 19(2) to (6). Even so, what is fundamental is the freedom, not the exception. More importantly, restraints are permissible only to the extent they have nexus with the approved object. For instance, in a wide sense, 'the interests of the general public' are served by a family planning programme but it may be constitutional impertinence to insist that passports may be refused if sterilisation certificates were not produced.