Previous Year Question
Which of the following reflects the most appropriate relationship between law and liberty?
If there are more laws, there is less liberty.
If there are no laws, there is no liberty.
If there is liberty, laws have to be made by the people.
If laws are changed too often, liberty is in danger.
Correct Answer: B
Detailed Solution
Law and liberty are not necessarily opposed to each other; they are complementary. Just laws define the boundaries of each person’s freedom and protect individuals against arbitrary interference by other persons, private powers and the State. Genuine liberty cannot therefore remain secure in the absence of law.
Option (a) is incorrect. There is no direct mathematical relationship between the number of laws and the extent of liberty. Several laws may protect freedom, while a single oppressive law may seriously restrict it. The nature and purpose of laws are more important than their number.
Option (b) is correct. Law protects life, property, dignity and individual rights. In the absence of law, stronger persons may encroach upon the liberty of weaker persons. Such a condition produces anarchy rather than liberty.
Option (c) is incorrect. In a representative democracy, elected representatives make laws on behalf of the people. Direct participation of every person in making every law is not an essential condition for liberty.
Option (d) is incorrect. Excessive and unpredictable legal changes may weaken legal certainty, but every change in law does not endanger liberty. Legal changes are often necessary to remove historical injustice and expand civil freedoms.
For liberty to be effectively protected by law:
Laws should be public, clear and generally applicable.
Laws should not be arbitrary or discriminatory.
Laws should apply to both individuals and public officials.
Restrictions upon rights should be reasonable and constitutional.
Independent courts should provide remedies against legal violations and misuse of power.
Article 19 of the Constitution guarantees specified freedoms while permitting reasonable restrictions on constitutionally recognised grounds. Article 14 protects against arbitrary State action, and Article 21 prevents the deprivation of life or personal liberty except through a legally valid and fair procedure.