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Q40 (IAS/2018) Polity & Governance â€ș Fundamental Rights, DPSP & Fundamental Duties â€ș Rule of law Official Key

Which one of the following reflects the most appropriate relationship between law and liberty ?

Result
Your answer: —  Â·  Correct: B
Explanation

The correct answer is option B because where there is no law there is no freedom[1], as articulated by John Locke. There cannot be any such thing as absolute or uncontrolled liberty, wholly freed from restraint for that would lead to anarchy and disorder. The possession and enjoyment of all rights are subject to such reasonable conditions as may be deemed by the governing authority of the country to be essential to the safety, health, peace, general order and morals of the community.[2] Additionally, legitimate law does not merely restrict but also enables liberty[3]. Without laws to establish order, define rights, and protect individuals from arbitrary actions, true liberty cannot exist—it would descend into chaos where the strong dominate the weak.

Option A is incorrect because an increase in empowering laws may correlate with a decrease in the negative liberty experienced by others[4], showing the relationship is more nuanced than a simple inverse correlation. Option C is too narrow, as liberty can exist under various lawmaking systems, not exclusively popular sovereignty. Option D, while constant changes in the law act to deprive citizens of the ability to predict the requirements imposed by the law[5], addresses stability rather than the fundamental relationship between law and liberty.

Sources
  1. [1] https://journals.library.wustl.edu/jurisprudence/article/2098/galley/18931/view/
  2. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Rights and Fundamental Duties IJl > p. 121
  3. [3] https://www.planksip.org/the-principle-of-liberty-in-law-and-liberty-1763616520859/
  4. [4] https://journals.library.wustl.edu/jurisprudence/article/2098/galley/18931/view/
  5. [5] https://journals.library.wustl.edu/jurisprudence/article/2098/galley/18931/view/
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Q. Which one of the following reflects the most appropriate relationship between law and liberty ? [A] If there are more laws, there is les

At a glance
Origin: Books + Current Affairs Fairness: Low / Borderline fairness Books / CA: 2.5/10 · 7.5/10
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This is a classic Political Theory question derived directly from the philosophy of Liberalism (John Locke) and NCERT Class XI (Political Theory). It tests conceptual clarity over rote memorization of Articles. If you skipped the 'Political Theory' NCERT thinking it's irrelevant for Prelims, you missed this sitter.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
In the relationship between law and liberty, does an increase in the number of laws necessarily lead to a decrease in liberty?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"The nature of the relationship depends on how one conceives of law and the rule of law. One approach views law as consisting of coercive and empowering laws"
Why this source?
  • States the relationship is not fixed but depends on how one conceives of law and the rule of law.
  • Identifies two views (coercive vs. empowering laws) that determine whether laws diminish or enhance liberty.
Web source
Presence: 5/5
"Bear in mind, however, that an increase in empowering laws may correlate with a decrease in the negative liberty experienced by others. For example, if a law such as the Statute of Frauds requires certain contracts to be in writing, I am no longer free to enter into merely oral contracts."
Why this source?
  • Makes explicit that an increase in empowering laws may correlate with decreased negative liberty for others, showing effects can vary.
  • Gives a concrete example (Statute of Frauds) where a law limits one form of freedom while serving other purposes, illustrating nuance.
Web source
Presence: 4/5
"legitimate law does not merely restrict but also *enables* liberty"
Why this source?
  • Asserts that legitimate law both restricts and enables liberty, implying more laws do not automatically reduce freedom.
  • Frames law as a structured framework that can maximize and protect individual freedom rather than only constrain it.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Rights and Fundamental Duties IJl > p. 121
Strength: 5/5
“restrictions imposed by the law can be held to be "unreasonable" by a court of law. That is how the competing interests of individual liberty and of public welfare have been sought to be reconciled by the framers of our Constitution. As Mukheljee, J explained in the leading case of A K Gopalan v State of Madras 189_. There cannot be any such thing as absolute or uncontrolled liberty, wholly freed from restraint for that would lead to anarchy and disorder. The possession and enjoyment of all rights ... are subject to such reasonable conditions as may be deemed by the governing authority of the country to be essential to the safety, health, peace, general order and morals of the community.”
Why relevant

States that restrictions imposed by law can be held 'unreasonable' by courts and that law reconciles individual liberty with public welfare.

How to extend

A student could compare jurisdictions with strong judicial review to see if more laws are checked for reasonableness and therefore do not automatically reduce liberty.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > RIGHT TO FREEDOM > p. 34
Strength: 4/5
“Equality and freedom or liberty, are the two rights that are most essential to a democracy. It is not possible to think of the one without thinking of the other. Liberty means freedom of thought, expression and action. However it does not mean freedom to do anything that one desires or likes. If that were to be permitted then a large number of people will not be able to enjoy their freedom. Therefore, freedoms are defined in such a manner that every person will enjoy her freedom without threatening freedom of others and without endangering the law and order situation.”
Why relevant

Defines liberty as freedom of thought, expression and action but expressly limits it where it would threaten others or law and order.

How to extend

One could test whether additional laws target only harmful actions (thus preserving overall liberty) by checking law content against a harm principle in different countries.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > III Liberty > p. 45
Strength: 4/5
“The term 'liberty' means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities. The Preamble secures to all citizens of India liberty of thought, expression, belief, faith and worship, through their Fundamental Rights, enforceable in court of law, in case of violation . Liberty as elaborated in the Preamble is very essential for the successful functioning of the Indian democratic system. However, liberty does not mean 'Hence' to do what one Hkes, and has to be enjoyed within the limitations mentioned in the Constitution itself. In brief, the liberty conceived by the Preamble or fundamental Rights is not absolute but qualified.”
Why relevant

States that liberty is not absolute but qualified within constitutional limits, implying that legal constraints can be compatible with liberty.

How to extend

Compare constitutional texts or indices of ‘qualified’ vs ‘absolute’ rights to judge whether more laws reduce liberty or simply define its limits.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Rights and Fundamental Duties IJl > p. 130
Strength: 5/5
“In other words, a law made by the State which seeks to deprive a person of his personal liberty must prescribe a procedure for such deprivation which must not be arbitrary, unfair or unreasonable. (c) Once the least of reasonableness is imported to determine the validity of a law depriving a person of his liberty, it follows that such law shall be invalid if it violates the principles of natural justice. If it provides for the impounding of a passport without giving the person affected an opportunity to be heard or to make a representation against the order proposed. From Gopala 15 to Maneka, thus, the Supreme Court decision oration as was cut from the North to the South Pole.”
Why relevant

Emphasises that deprivation of personal liberty must follow non-arbitrary, reasonable procedures established by law (procedural quality matters).

How to extend

A student might contrast systems where many laws are procedurally fair versus ones with arbitrary laws to see if number alone correlates with liberty loss.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2018 TEST PAPER > p. 755
Strength: 3/5
“(a) 1 and 3 only (b) 2 on ly (c) 2 and 3 only (d) 1, 2 and 3 11. Which one of the following reflects the nicest, appropriate relationship between law and liberty? (a) If there are more laws, there is less liberty. (b) If there are no laws, there is no liberty. (c) If there is liberty, laws have to be made by the people. (d) If laws are changed too often, liberty is in danger. 12. Which of the following are regarded as the main features of the "Rule of Law"? Select the correct answe r using the code given below: (a) 1 and 3 only (b) 2 and 4 only (c) 1, 2 and 4 only (d) 1,2,3 and 4 13.”
Why relevant

Contains a multiple-choice item listing 'If there are more laws, there is less liberty' as an option, indicating this is a recognized proposition to be evaluated, not an axiom.

How to extend

Use comparative examples (e.g., countries with numerous statutes but strong rights protections) to test whether that proposition holds generally.

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Statement analysis

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Statement analysis

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