Question map
Which one of the following reflects the most appropriate relationship between law and liberty ?
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] https://journals.library.wustl.edu/jurisprudence/article/2098/galley/18931/view/
- [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] https://www.planksip.org/the-principle-of-liberty-in-law-and-liberty-1763616520859/
- [4] https://journals.library.wustl.edu/jurisprudence/article/2098/galley/18931/view/
- [5] https://journals.library.wustl.edu/jurisprudence/article/2098/galley/18931/view/
PROVENANCE & STUDY PATTERN
Full viewThis 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.
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?
- Statement 2: In the relationship between law and liberty, does the absence of laws necessarily result in the absence of liberty?
- Statement 3: In the relationship between law and liberty, does the existence of liberty require that laws be made by the people?
- Statement 4: In the relationship between law and liberty, do frequent changes to laws pose a danger to liberty?
- 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.
- 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.
- 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.
States that restrictions imposed by law can be held 'unreasonable' by courts and that law reconciles individual liberty with public welfare.
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.
Defines liberty as freedom of thought, expression and action but expressly limits it where it would threaten others or law and order.
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.
States that liberty is not absolute but qualified within constitutional limits, implying that legal constraints can be compatible with liberty.
Compare constitutional texts or indices of ‘qualified’ vs ‘absolute’ rights to judge whether more laws reduce liberty or simply define its limits.
Emphasises that deprivation of personal liberty must follow non-arbitrary, reasonable procedures established by law (procedural quality matters).
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.
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.
Use comparative examples (e.g., countries with numerous statutes but strong rights protections) to test whether that proposition holds generally.
- Directly asserts the claim: Locke is quoted as equating absence of law with absence of freedom.
- Used in a jurisprudence article examining the law-liberty relationship, so it's presented as a foundational viewpoint.
- Explains that absence of shared legal or social norms leads to coercive enforcement and greater threats, implying loss of liberty without effective law.
- Provides a practical consequence (more coercion in lawless/poverty-stricken contexts) that supports the idea that absence of law can produce absence of liberty.
Defines negative liberty as the absence of external constraints—liberty conceptually can be understood as lack of legal/interference barriers.
A student could combine this with empirical knowledge (e.g., places with few formal laws) to ask whether non‑state constraints (custom, violence) replace legal constraints and thus affect liberty.
States the Preamble secures liberty through enforceable Fundamental Rights—linking liberty to legal guarantees and judicial enforcement.
One could check whether societies lacking enforceable legal rights still have practical freedom (via social norms or power structures) to evaluate if absence of law removes liberty.
Argues absolute, uncontrolled liberty (no restraints) would lead to anarchy and disorder—suggesting laws (or restraints) are needed to secure collective liberty.
A student might compare historical examples of legal collapse to see whether disorder curtailed individual freedoms, testing if lack of law reduced liberty in practice.
Article 21 phrasing—'no person shall be deprived... except according to procedure established by law'—implies protection of liberty is mediated by legal procedures, linking liberty to legal forms.
One could examine situations where lawful procedure is absent (e.g., failed states) to assess whether liberty protections vanish without legal procedure.
Dicey's rule of law emphasis: absence of arbitrary power and punishment only for breach of law ties liberty to supremacy of law rather than rulers' discretion.
Compare jurisdictions with strong rule‑of‑law norms versus those with no legal restraint on rulers to infer whether lack of law correlates with diminished liberty.
- Explicitly states the source of sovereignty resides in the nation and that 'law is the expression of the general will', linking law-making to the people.
- Presents liberty as a right protected by laws that reflect the people's will, thereby supporting the claim that laws ought to originate from the people.
- Emphasises that the state and its laws exist for the sake of the individual and that rights constrain state action, implying laws should serve/reflect the people's welfare.
- Notes that the state must give legal reasons when curtailing liberty, connecting legitimacy of laws to accountability to the people.
- Explicitly states that laws should be relatively stable and warns against too many or too frequent changes.
- Identifies unpredictability from constant legal change as depriving citizens of the ability to know and predict legal requirements, which undermines liberty.
- Explains how lack of knowledge of current prohibitions leads people to restrict their behavior to only the safest actions, reducing positive and negative liberty.
- Links poor promulgation/uncertainty about the law to coercive effects that constrain individual freedom.
- Frames the discussion around 'legal certainty' and critiques of its erosion, implying that loss of legal certainty (e.g., through unstable or ad hoc lawmaking) threatens freedom.
- References concerns about modern trends (executive law-making, complexity) that undermine legal certainty and thus freedom.
This source explicitly lists as an option the proposition that 'If laws are changed too often, liberty is in danger' — showing the idea exists as a recognized possible relationship between law and liberty.
A student could treat this as a hypothesis and compare jurisdictions with frequent legislative change to measures of civil liberty to see if the pattern holds.
Explains that deprivation of personal liberty must follow a non‑arbitrary, reasonable procedure established by law, implying stability and predictability of legal procedure are important safeguards for liberty.
One could investigate whether rapid or frequent legal changes undermine procedural predictability and thereby increase arbitrary deprivations of liberty.
Article 21 is cited: no person shall be deprived of life or personal liberty except according to 'procedure established by law' — linking the protection of liberty to the existence and content of law.
A student might assess whether frequently changing the 'procedure established by law' effectively weakens the protection Article 21 provides in practice (e.g., by reducing clarity or oversight).
Notes the supremacy of legislature within limits and that competent legislation can take away personal liberty — suggesting legislative activity (including frequent changes) has direct power to affect liberty.
Compare periods or systems of high legislative activity with instances where new laws curtailed personal liberties to see if there is correlation.
Defines liberty as not absolute but qualified within constitutional limitations, indicating liberty depends on the content and stability of those legal limitations.
A student could examine whether frequent alteration of constitutional/legal limits changes how much 'qualified' liberty individuals actually enjoy.
- [THE VERDICT]: Conceptual Sitter. Source: NCERT Class XI Political Theory, Chapter 2 'Freedom' (specifically the section on 'Why do we need constraints?').
- [THE CONCEPTUAL TRIGGER]: The syllabus theme of 'Political Theory'—specifically the interplay between State Authority (Law) and Individual Rights (Liberty).
- [THE HORIZONTAL EXPANSION]: Memorize these core theorists/concepts: 1) J.S. Mill's 'Harm Principle' (liberty can only be restricted to prevent harm to others). 2) Isaiah Berlin's 'Two Concepts of Liberty' (Negative vs. Positive). 3) John Rawls' 'Veil of Ignorance' (Justice). 4) The difference between 'Rule of Law' (Supremacy of Law) vs 'Rule by Law' (Tool of oppression).
- [THE STRATEGIC METACOGNITION]: Stop treating Polity merely as a list of Articles (Laxmikanth style). UPSC now demands you understand the *philosophy* of the Constitution. Ask: 'Does law restrict freedom or create the conditions for it?' The answer defines modern democracy.
Several references state liberty is limited by law and the Constitution—liberty must be enjoyed within constitutional/reasonable limits rather than being absolute.
High-yield for UPSC essays and polity answers: explains the constitutional balance between individual freedom and social order, connects to Preamble and Fundamental Rights, and helps answer questions about limits on rights and permissible state action. Useful across questions on fundamental rights, Preamble interpretation, and law vs freedom debates.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > III Liberty > p. 45
- 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
Evidence stresses that laws can validly restrict liberty only by established, non-arbitrary procedure and that courts assess ‘reasonableness’ to protect liberty.
Core concept for constitutional law: vital for answering questions on Article 21, judicial review, and the limits of legislative/executive power. Mastery allows candidates to analyse when laws legitimately restrict liberty versus when they arbitrarily curtail rights; links to landmark jurisprudence and writ remedies.
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > INTRODUCTION TO THE CONSTITUTION OF INDIA > p. 128
- 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
- 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
The distinction clarifies two meanings of freedom—non-interference (negative) and enabling conditions (positive)—which shape whether laws are seen as restrictive or enabling.
Conceptual toolkit for UPSC: helps evaluate normative claims (e.g., 'more laws reduce liberty') by framing whether laws limit non-interference or enhance enabling conditions. Useful in polity, political theory, and essay-type questions comparing state intervention and individual freedoms.
- Political Theory, Class XI (NCERT 2025 ed.) > Chapter 2: Freedom > p. 27
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > RIGHT TO FREEDOM > p. 34
References (Dicey; Article 21; Basu) treat law and legal procedure as the mechanism that prevents arbitrary power and protects personal liberty.
High-yield for UPSC polity: explains why law matters for individual rights, links to Article 21, judicial review and doctrines like rule of law. Mastering this helps answer questions on limits of state power, protection of civil liberties and constitutional guarantees.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > T BRITISH CONSTITUTION > p. 678
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > INTRODUCTION TO THE CONSTITUTION OF INDIA > p. 128
- 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
The materials distinguish 'absence of external constraints' (negative liberty) from liberty as opportunities to develop (positive liberty), directly relevant to whether fewer laws increase or decrease liberty.
Conceptually crucial for essays and theory questions: allows nuanced answers (liberty isn't univocal). Connects political theory to constitutional practice (fundamental rights vs reasonable restrictions) and helps frame balanced arguments.
- Political Theory, Class XI (NCERT 2025 ed.) > Chapter 2: Freedom > 2.5 NEGATIVE AND POSITIVE LIBERTY > p. 26
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > III Liberty > p. 45
Preamble and constitutional commentary stress liberty is not absolute but qualified to protect others and public order, showing law defines permissible bounds of liberty.
Directly applicable to questions on fundamental rights, reasonable restrictions and state authority. Helps write balanced answers on why laws limit freedoms and when such limits are justified; links to case-law and Article 21 jurisprudence.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > III Liberty > p. 45
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > RIGHT TO FREEDOM > p. 34
- 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
Directly addresses whether laws must originate from the people — the Declaration reference links sovereignty and lawmaking to the nation/the people.
High-yield for polity: explains foundations of democratic legitimacy, links to constitutional principles and historical documents (e.g., French Declaration). Useful for questions on sovereignty, legitimacy of legislation, and debates on representative vs. direct lawmaking.
- India and the Contemporary World - I. History-Class IX . NCERT(Revised ed 2025) > Chapter 1: The French Revolution > The Declaration of Rights of Man and Citizen > p. 11
The 'Harm Principle' by J.S. Mill. Since they asked about the general relationship (Law vs Liberty), the next logical question is about the *limit* of that relationship: 'On what grounds can the State validly restrict your liberty?' Answer: Only to prevent harm to others (Self-regarding vs Other-regarding actions).
Use the 'Jungle Test'. If Option B were false (i.e., No laws = Liberty), we would be in a 'State of Nature' (Law of the Jungle) where the strong crush the weak. In such chaos, no one is actually free. Therefore, Law is the *enabler* of Liberty. Option A is an anarchist view; Option C is a democratic process view; Option D is a stability view. Only B addresses the fundamental *existence* of liberty.
Mains GS-2 (Polity) & GS-4 (Ethics): This concept underpins the debate on 'Reasonable Restrictions' (Article 19). When writing answers on Sedition or UAPA, use this logic: 'Law is not the antithesis of Liberty, but its prerequisite; however, vague laws (Option D) chill liberty.'