JAGTIV · Previous Year Questions

UPSC

POLITY · 2021

Previous Year Question

Which one of the following factors constitutes the best safeguard of liberty in a liberal democracy?

A.

A committed judiciary

B.

Centralisation of powers

C.

Elected government

D.

Separation of powers

Correct Answer: D

Detailed Solution

In a liberal democracy, liberty is best protected through the separation of powers among the legislature, executive and judiciary.

If all governmental power is concentrated in one person or institution, the possibility of abuse and authoritarianism increases. Separation of powers assigns a defined sphere of functions to each organ and creates a system of checks and balances.

Role of the three principal organs

  • Legislature: Makes laws and holds the executive accountable.

  • Executive: Implements laws and governmental policies.

  • Judiciary: Interprets laws, protects rights and reviews unconstitutional governmental action.

Separation of powers in India

The Indian Constitution does not establish an absolutely rigid separation comparable to the classical American model. India follows functional separation accompanied by checks and balances.

Some constitutional examples are:

  • Article 50: Directs the State to separate the judiciary from the executive.

  • Article 13: Makes a law inconsistent with Fundamental Rights void to the extent of the inconsistency.

  • Articles 32 and 226: Empower the Supreme Court and High Courts to provide constitutional remedies and issue writs.

  • Articles 121 and 211: Restrict legislative discussion of the conduct of judges except during the prescribed removal process.

  • Articles 122 and 212: Protect legislative proceedings from judicial challenge merely on the ground of procedural irregularity.

Other options

A committed judiciary

A judiciary committed to a government, political party or ideology may lose its independence and impartiality. Liberal democracy requires an independent and impartial judiciary, not a committed judiciary.

Centralisation of powers

Centralisation creates a risk to liberty because it weakens institutional checks and accountability.

Elected government

An elected government is essential for democracy, but elections alone do not adequately guarantee liberty. Without constitutional limitations and institutional checks, even an elected government may abuse its authority.

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