law imposing any restriction in terms of clause (2) of Article 19 can only be made by the State and not by 52 the Court
33. In any event, the law imposing any restriction in terms of clause (2) of Article 19 can only be made by the State and not by 52 the Court. The role envisaged in the Constitutional scheme for the Court, is to be a gatekeeper (and a conscience keeper) to check strictly the entry of restrictions, into the temple of fundamental rights. The role of the Court is to protect fundamental rights limited by lawful restrictions and not to protect restrictions and make the rights residual privileges. Clause (2) of Article 19 saves (i) the operation of any existing law; and (ii) the making of any law by the State. Therefore, it is not for us to add one or more restrictions than what is already found.