SAFEGUARDS OF LIBERTY!

 
 

SUBMITTED TO : DR. BALBINDER KUMAR

SUBMITTED BY : GULMEHAK CHANDHOK
ROLL NO : 19117
SEMESTER : 2ND
 INDEX

TITLE PAGE NUMBER

1. Meaning Of Liberty 3

2. Features / Nature Of Liberty 3&4

3. Freedom & Liberty 4

4. Kinds Of Liberty 4-8

5. Safeguards Of Liberty 8- 14

6. Conclusion 14

7. Bibliography, Webography 15
 INTRODUCTION
The term​ “Liberty” i​ s derived from the Latin word ​“ Liber” ​which means free.
According to the​ Oxford Dictionary,​ liberty means the ‘right or power to do as
one pleases or to do something’. It was the desire and need of liberty that led to
wars and revolutions throughout the globe.
In other words ​liberty means freedom from restraints and the freedom to act as
one likes however, keeping in mind that he or she does not injure or infringe
another's privilege to access liberty and enjoyment of freedom.

❖ Features/ Nature Of Liberty

1. Liberty does not mean the absence of all restraints.

2. Liberty admits the presence of rational restraints and the absence of
irrational restraints.
3. Liberty postulates the existence of such conditions as can enable
the people to enjoy their rights and develop their personalities.
4. Liberty is not a license to do anything and everything. It means the
freedom to do only those things which are considered worth-doing
or worth-enjoying.
5. Liberty is possible only in a civil society and not in a state of
nature or a ‘state of jungle’. State of anarchy can never be a state of
Liberty.
6. Liberty is for all. Liberty means the presence of adequate
opportunities for all as can enable them to use their rights.
7. In society law is an essential condition of liberty. Law maintains
conditions which are essential for the enjoyment of Liberty by all
the people of the state.
 8. Liberty the most fundamental of all the rights. It is the condition
and the most essential right of the people. Liberty enjoys priority
next only to the right to life.

❖ Freedom & Liberty

‘Freedom’ means​ unrestricted liberty​ enjoyed by man in the state of nature.

‘Liberty’ means ​restricted freedom​ available to people living in the society or
State.‘ Restricted’ here means reasonable limitations. Freedom of a person is
subject to reasonable restrictions or limitations so that the same amount of
freedom is also available to others as a privilege. Freedom is the negative
concept of liberty.

❖ Kinds Of Liberty

Liberty is the absence of unjust restraints and the presence of the conditions
whereby a man can rise to the full stature of his personality.

1. Natural Liberty:

It stands for unlimited liberty. It means complete freedom without any

type of interference. It is justified on the ground that since man is born
free, he is to enjoy freedom as he wills. All restraints negate his freedom.
The social contractual lists (Hobbes, Locke and Rousseau) championed
the cause of natural liberty. Rousseau became famous for his words:
“Man is born free, but is in chains everywhere.” It is popularly believed
that man has inherited the right to liberty from nature. Natural reason is
the basis of liberty. However, the concept of natural liberty is now
considered to be an imaginary one. There can be no real freedom in a
state of nature or a ‘jungle society’. Unrestrained freedom can create
anarchy. It is only in an orderly society characterised by essential
restraints based on laws and rules that real liberty can be possible. Natural
 liberty can lead to a living based on the evil principle of ‘might is right’
or the ‘rule of muscle power.’

2. Civil Liberty:

The liberty which each individual enjoys as a member of the society is

called civil liberty. It is equally available to all the individuals. All enjoy
equal freedom and rights in society. Civil liberty is not unrestrained
liberty. It is enjoyed only under some restrictions (Laws and Rules)
imposed by the state and society. Civil Liberty is the very opposite of
Natural liberty. Whereas Natural Liberty denounces the presence of
restraints of any kind, Civil Liberty accepts the presence of some rational
restraints imposed by the State and Society.

3. Political Liberty:

It is the liberty which gives every citizen the necessary opportunities to be

an active participant in the affairs of the state. Political Liberty consists of
the following rights-

A. The right of citizens to elect their representatives by casting their

votes, ( Universal Adult Franchise )
B. The right to be elected by standing in election;
C. The right to hold any public office, subject to the fulfilment of
required qualifications;
D. The right to information and the right to criticise the government.

Laski observes “Political liberty means the power to be active in

the affairs of the state.” Such a liberty is possible only in a
democracy. The real exercise of political rights by the people is a
sure sign of the presence of political liberty and democracy.
4. Individual Liberty:

Individual liberty means the freedom to pursue one’s desires and interests
as a person, but which do not clash with the interests or desires of others.
The freedom of speech and expression, freedom of residence, freedom of
movement, freedom of conscience, freedom of tastes and pursuits,
freedom to choose any profession or trade or occupation, the freedom to
enjoy the fruits of one’s labour, the right to personal property, the
freedom to profess or not to profess any religion, and freedom to accept
or not to accept any ideology, all fall under the category of individual
freedom. However, all these freedoms are to be exercised in a way that
does not hinder the equal freedom of others as well as does not violate
public order, health and morality.

5. Economic Liberty:

Laski defines economic liberty as freedom from the wants of tomorrow

and availability of adequate opportunities for earning the livelihood. It
stands for freedom from poverty, unemployment and the ability to enjoy
at least three basic minimum needs — food, clothing and shelter. Laski
writes, “Economic Liberty means security and opportunity to find
reasonable significance in the earning of one’s daily bread”. Economic
Liberty can be enjoyed only when there is freedom from hunger,
starvation, destitution and unemployment. Positively, it means the
availability of the right to work and adequate opportunities for earning
one's livelihood. Without fair economic liberty, political liberty becomes
meaningless. When the people are not free from the fear of hunger,
starvation and destitution they can never think of enjoying their rights and
freedoms. The grant of economic liberty to the people demands the grant
of right to work, right to reasonable wages, adequate opportunities for
livelihood, right to rest and leisure, and right to economic security in old
age.
 6. National Liberty:

National liberty is another name for independence of the nation. It means

complete freedom of the people of each state:

1. To have a constitution of their own,

2. To freely organise their own government,
3. To freely adopt their policies and programmes,
4. To pursue independence in relations with all countries of the world, and
5. Freedom from external control.

7. Religious Liberty:

It means the freedom to profess or not to profess any religion. It means

the freedom of faith and worship and non-intervention of State in
religious affairs of the people. It also means equal status of all religions to
freely carry out their activities in society. Secularism demands such a
religious freedom.

8. Moral Liberty:

It means the freedom to act according to one’s conscience. It stands for

the liberty to work for securing moral self-perfection. Freedom to pursue
moral values is moral freedom. Thus, when one demands the right to
liberty one really demands liberty in all these forms.

9. International Liberty:

This concept implies peace and international cooperation and the

formation of a world federation of states. Liberals were opposed to the
use of force as an instrument of national policy. capitalism needed peace
and international cooperation for the free flow of goods from one country
to another and they needed all political and other barriers to be removed
that stood in the way of the development of world resources.

❖ Safeguards Of Liberty

Liberty is the most cherished ideal of man. All those rights which
guarantee liberty should be safeguarded by the government.The following
are the ways through which individual liberty is guaranteed-

1. Eternal Vigilance & Political Education:

The most important safeguard of liberty is popular vigilance. It

means every individual should have the courage to resist and even
to rebel against the government. Whenever his liberty is curbed by
it.
According to Byron, ‘ Eternal vigilance is the price of liberty.’
Permanent safeguard of liberty is possible only when people are
politically educated and are acutely aware of their rights and duties.
Eternal vigilance is the price of liberty and in its absence one can
act according to his will. Laski has very aptly remarked, ‘It is the
proud spirit of the citizens, less than the letter of the law that is the
most real safeguard”. Whenever the government crosses the barrier
of its authority and interferes in the personal life of the people,
people rise in revolt against the government. Jefferson’s comment
is worth-noting in this regard: “What country can preserve its
liberties, if its rulers are not warned from time to time that the
people preserve the spirit of resistance”.

2. Establishment Of Democracy:

Establishment of a democratic system is an essential safeguard of

liberty. Both liberty and democracy are supplementary to each
 other. We cannot conceive of a democracy without the presence of
civil, economic, political and individual liberty. Likewise, in the
absence of the right to freedom there can be no real democracy.
Liberty is safer and more secure in Democracy than in any other
form of government. Democratic government is the government of
the people whereas in other forms of government (like Absolute
Monarchy and Dictatorship) all powers are centered and
centralized into the hands of one person or a group of persons. The
person in power or a group of persons in power cannot tolerate his
or their criticism. It is the quality of Democracy that opposite
parties are given due respect in Democracy. It is the opposite
parties that form the government after the failure of the ruling
party. Criticism of the government is welcomed in Democracy.

3. Love For Liberty:

For the protection of liberty, the people should have unlimited love
for liberty. If it is so, then the people would never like to lose their
liberty and will be prepared to make every sacrifice for the
protection of it. During the freedom struggle, lakhs of Indians made
sacrifices of their lives as they went to gallows and jails for the
attainment of freedom for their motherland.

4. Protection Of Fundamental Rights:

One of the key methods of safeguarding liberty is to incorporate a

charter of fundamental rights and freedoms in the constitution of
the State. Along with it, judicial protection should be given to
rights.​ ​They protect our liberty to a very great extent. It is these
fundamental rights that also confine the authority of the state. In
the existence of fundamental rights the state cannot interfere in the
matters of personal life. In the absence of fundamental rights
liberty of the individual is never out of danger and in the absence
of liberty development of human personality is not possible.
 According to some scholars, rights and liberty are the two sides of
the same coin and in the absence of rights, there is no liberty.

5. Separation Of Powers:

The powers of the government should be separated among

executive, legislature and judiciary. This will help in preventing
any organ of the government. To become absolute. Every organ of
the government. Will operate in its own framework. According to
famous French Scholar Montesquie, separation of powers is an
essential condition for the enjoyment of liberty and the countries
where there is separation of powers, people enjoy more liberty.
This process is done through the application of checks and
balances. ​Lord Acton opines that “Power corrupts an; absolute
power corrupts absolutely.” Power has a inner trend for misuse and
power should act as a check to power.

6. Independent Judiciary:

Independent, powerful and impartial judiciary is the biggest

protector of liberty. So, provisions should be made to keep the
judiciary independent. ​ ​If Judiciary is subordinate to the Executive
or if it is not free from the influence of the Executive, it will not be
able to impart justice nor will it be able to protect the fundamental
rights of man. In the communist countries or in the countries which
have Dictatorship, fundamental rights are given to the people, but
Judiciary is not free from the influence of the Executive. In such
countries, the safeguard and security of fundamental rights,
constitution and liberty is not quite possible and liberty becomes
just a mockery.
Here, only intelligent and impartial persons should be appointed as
judges. They should be paid high salaries and sufficient pensions
after retirement. Their tenure should be long.
7. Decentralisation Of Powers:

Centralization of powers is dangerous for human liberty. Therefore,

decentralisation of powers should be done at every level.
According toProf. Lask,”​ The more the widespread the distribution
of powers in a state the more decentralised its character, the more
likely are men to be jealous of freedom.” T​ he power of the
government, particularly its executive branch should be distributed
among a number of organisations and these should be located at all
the three levels of government-local, provincial/ regional and
national.​ ​Decentralization of powers leads to efficient
administration. And people also start cooperating with the
functioning of the government.

8. Rule of Law:
Rule of law is established in England, U.S.A. and India. ​The
concept of Rule Of Law means that all people are equal before law.
Law makes no discrimination between rich and poor, the high the
low. ​All people should be under the same laws and bound by the
same types of obligations. No one should be above law. No
privileges will be given to a person belonging to a particular class
nor will there be any provision for immunity. No person will be
punished or kept in custody for a long time until and unless his
crime is proved.

9. Economic Security:
​“Where there are rich and poor”, says Laski, “Educated and
uneducated, we always find a relation of master and servant”.
Economic security is a condition to liberty. For the safeguard of
liberty it is essential that people should have economic security.
This is possible only in the absence of economic disparity, inflation
and unemployment. People should have superior standards of
living and have equal opportunities for making their progress. This
is possible only in socialism and not in capitalism. ​Equitable and
fairer distribution of income, wealth and resources, and adequate
 opportunities for lively-hood are essential safeguards of Liberty.
Without economic equality, there can be no real enjoyment of
liberty.

10.Constitution:

It is only the constitution that confines the authority of the state. It

lays down certain barriers and these barriers are not to be crossed
by the state while using its authority. Generally the constitution is
accepted as the supreme law of the country and if any organ of the
government violates any provision of the const., that act is declared
unconstitutional by the courts. In brief,every organ of the
government. Is bound to work within the framework of the
constitution and this way the constitution is safeguard of the
liberties of the people.
 
11.Public Opinion & Free Press:

Healthy public opinion and an independent and free press can do a

lot to protect an individual’s liberty. The right to a free press
implies “the right to publish what a man can lawfully speak.” It
also includes publication of new ideas, opinions and criticism
subject to certain reasonable limitations. The press moulds public
opinion and attacks the authoritarian tendencies of the government.
It brings to the notice of people the lapses of the government. The
press can only fulfill its duties when it is free from the influence or
control of the government. By its unbiased views it acts to protect
an individual’s liberty. Mass media includes newspapers, press,
magazines, television, articles and many more mediums to spread
awareness. According to Prof. Laski, “ The people without reliable
news are sooner or later people without the basis of freedom.”
12.Responsible Government:

A government formed by the representatives of the people for the

betterment of people and by the people is bound to be responsible
to them. Any mistake on the part of the govt will sound it death and
knell and the opposition will capitalise it. A bi-party system with a
strong opposition will ensure necessary safeguard for liberty. ​For
safeguarding Liberty, it is essential that the government should
exercise unbiased and impartial control over every section of
society. It must act as a responsible transparent and accountable
government.

13.Co- operation Between The Government & People:

Government can protect liberty only when the people give proper
co-operation to the Government. If the people do not obey the laws
and do not help in apprehending the culprits, the government can’t
protect liberty. The people should strongly oppose any attacks on
their liberty and should support the government to suppress such
elements.

14.Absence Of Special Privilege:

According to Laski, for the protection of liberty nobody should be

given any special privileges. Every man should have equal rights
and be equal in every aspect.
If the people are given any special privileges on the basis of their
caste, religion, race, or status , or any other factor it will have a
negative impact on the liberty of others. Therefore, the provision of
special rights is against the concept of liberty.
Liberty can exist only when equal rights are granted and
guaranteed to all the people without any discrimination. Grant of
special privileges and rights to any class is always against the spirit
of liberty. However, grant of some special privileges to the
 deprived sections of society (Protective Discrimination) is deemed
just and essential.

15.Well Organised Political Privilege:

One very essential safeguard for Liberty is the presence of

well-organised interest groups and non-governmental organisations
or voluntary social service organisations i.e. Civil Society. Such
organisations can act unitedly to fight all violations of liberty.
Modern democratic governments are the government of political
parties. Political parties contest elections and form the government
. Opposition parties criticise the government and make the
government responsible.All this helps in protection of human
rights, liberty, maintaining a check on the functions of the
government and keeping them in line. However, this can only be
possible when the political parties are well organised.

❖ Conclusion

All the above mentioned points represent the ways in which we can
safeguard an individual’s liberty. These are only possible when
each and every individual regardless of their position in the society
regardless of their jobs regardless of any factor which can make a
dicrimination works to ensure that liberty as a principle or feature
prevalent in the society is not compromised. Liberty is a necessary
factor which ensures that Democracy in an area prevails. If it fails
then that Democracy is no Democracy and acts a mockery to
liberty as a whole.

“Without freedom of thought, there can be no such thing as wisdom - and no

such thing as public liberty without freedom of speech”

By ​Benjamin Franklin​.
 BIBLIOGRAPHY & WEBOGRAPHY

1. Political Science- Dr. S.R. Myneni

Allahabad Law Agency, Law Publishers, Faridabad
2. Political Theory II - J.S. Badyal ( SECOND SEMESTER; Panjab
University) Revised Edition 2020, Raj Publishers( REGD.) Adda Tanda,
Jalandhar
3. What are the Safeguards of the Liberty
https://brainly.in/question/5458891
4. Top Six Kinds Of Liberty - Explained! By Pooja
https://www.politicalsciencenotes.com/articles/top-six-kinds-on-liberty-e
xplained/282
5. Types Of Liberty
https://www.brainkart.com/article/Types-of-Liberty_34278/
6. Kinds or Types or Classification of Liberty
http://www.brainkart.com/article/Kinds-or-Types-or-Classification-of-lib
erty_1648/
7. Liberty: Definition, Features, Types and Essential Safeguards of Liberty
By K.K. Ghai
http://www.yourarticlelibrary.com/essay/liberty-definition-features-types-
and-essential-safeguards-of-liberty/40364
8. 8 Ways in Which the Liberty can be Defended By Pooja
https://www.politicalsciencenotes.com/articles/8-ways-in-which-the-liber
ty-can-be-defended/272
9. The following are some of the safeguards of liberty By Rohini Das Gupta
https://www.preservearticles.com/articles/the-following-are-some-of-the-
safeguards-of-liberty/4381