UPSC IAS - 2018

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

Year Asked: 2018

A
If there are inure 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.

Correct Answer

B. If there are no laws, there is no liberty.

Detailed Explanation

The correct answer is B. The core idea is that liberty is not the absence of rules but the protection of individual freedom through rules. Locke made this point: where there is no law, there is no assured freedom, only the arbitrary will of whoever holds power. Liberty needs an enforceable framework, which is what Dicey's idea of the rule of law provides. In India, Article 21 and Article 14 give liberty real content only because courts can enforce them.

  • A is wrong because it assumes more law always means less liberty. Many laws expand liberty, such as the Right to Information Act, 2005, or the Right to Education under Article 21A. The real question is the quality of the law, not its quantity.
  • C is wrong because liberty does not require direct law-making by the people. India is a representative democracy, and liberty can exist under laws made through elected bodies.
  • D is wrong because frequent amendments do create legal uncertainty, which is a governance concern. But the option states a conditional link to liberty that the question's 'nicest, appropriate relationship' does not support.

Trap: Aspirants often pick A because 'less law, more liberty' sounds like a libertarian slogan. The question asks for the conceptual relationship, and that is B.

This question appeared in UPSC Prelims 2018 GS Paper-1.

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