Previous Year Question
Consider the following statements:
A Constitutional Government is one which—
places effective restrictions on individual liberty in the interest of State authority.
places effective restrictions on the authority of the State in the interest of individual liberty.
Which of the statements given above is/are correct?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: B
Detailed Solution
A Constitutional Government essentially means a limited government—a government whose powers are defined and controlled by the Constitution. Therefore, Statement 2 is correct.
Statement 1 is incorrect. The principal purpose of a Constitutional Government is not to restrict individual liberty for strengthening State authority. If the State is permitted to impose arbitrary restrictions on individual liberty, the government may become authoritarian instead of constitutional.
This does not mean that individual liberty is unlimited. The Constitution permits reasonable restrictions on grounds such as public order, security of the State, morality, decency and the general public interest. However, such restrictions must:
Be based on the Constitution and law;
Pursue a legitimate public purpose;
Not be arbitrary or excessive;
Remain subject to judicial review.
For example, Article 19 grants different freedoms to citizens but also permits reasonable restrictions on the grounds specified in the Article itself. Thus, the Constitution balances individual liberty with societal interests instead of making State authority supreme in itself.
Statement 2 is correct. A Constitutional Government protects individual liberty by imposing effective restrictions on State authority. The Constitution of India establishes these restraints through several mechanisms.
Article 13 makes laws inconsistent with Fundamental Rights void to the extent of the inconsistency. Article 14 guarantees equality before the law and equal protection of the laws against arbitrary State action. Under Article 21, no person may be deprived of life or personal liberty except according to procedure established by law.
Articles 32 and 226 empower the Supreme Court and High Courts respectively to provide constitutional remedies and issue writs. Executive and legislative actions consequently remain subject to judicial review.
The principal features of Constitutional Government include constitutional supremacy, rule of law, Fundamental Rights, separation of powers, an independent judiciary, responsible government and judicial review. These arrangements keep governmental authority within legal and constitutional limits.