UPSC Prelims 2021 Q90: Best Safeguard of Liberty — Explained
Which one of the following factors constitutes the best safeguard of liberty in a liberal democracy?
- A committed judiciary
- Centralization of powers
- Elected government
- Separation of powers
Answer: (d) Separation of powers
Statement-wise explanation
- a: incorrect — A 'committed judiciary' means judges who are committed to the ruling government's philosophy. In India the phrase dates from the early 1970s debate that led to the 1973 supersession of senior judges for the post of Chief Justice of India. Such a judiciary would weaken liberty, because it removes the neutral umpire between the citizen and the state. Liberty needs an independent judiciary, not a committed one.
- b: incorrect — Centralisation gathers power into one authority. That is the opposite of a safeguard. Liberal theory treats concentrated power as the main threat to individual liberty, since nothing is left to restrain the one who holds it.
- c: incorrect — An elected government gives legitimacy and makes rulers accountable at election time. On its own it does not protect liberty between elections. An elected majority that controls lawmaking, enforcement and adjudication can still override individual rights (the 'tyranny of the majority'). Elections are necessary in a democracy but are not the best safeguard of liberty.
- d: correct — Separation of powers gives lawmaking, execution and adjudication to three different organs, so no single authority holds all power. Montesquieu stated the modern doctrine in The Spirit of the Laws (1748). He argued that liberty is best protected when these powers are divided, and the United States Constitution was built on this idea. In India, Article 50 directs the State to separate the judiciary from the executive, and the Supreme Court has treated separation of powers as part of the basic structure since Kesavananda Bharati (1973).
How to eliminate
Read the key phrase: 'best safeguard of liberty in a liberal democracy'. In liberal theory, the threat to liberty is concentrated power. Centralisation of powers is concentration itself, so remove it first. A 'committed judiciary' is a trap. The word that protects liberty is 'independent', and 'committed' (loyal to the government of the day) means the reverse. An elected government is a feature of every democracy, but elections alone do not stop a majority from abusing power. Liberalism is about limiting government, not just choosing it. That leaves the option that divides power among organs that check one another. Fact to remember: Montesquieu (1748) tied liberty to separation of powers.
Know more
Separation of powers splits the three functions of government among three organs:
| Organ | Function | Indian example of a limit on the others |
|---|---|---|
| Legislature | Makes laws | Can remove judges only by a special-majority process (Art. 124(4)) |
| Executive | Enforces laws | Answerable to the Lok Sabha (Art. 75(3)) |
| Judiciary | Interprets laws, settles disputes | Judicial review of laws and executive action |
Origin. John Locke argued for dividing legislative power. Montesquieu gave the first modern formulation in The Spirit of the Laws (1748). The US Constitution adopted it most strictly.
Separation vs checks and balances. Strict separation (the US presidential model) keeps the organs apart. India follows a softer model. The executive is drawn from the legislature, so there is a functional separation backed by checks and balances. In Ram Jawaya Kapur v. State of Punjab (1955) the Supreme Court said the Constitution does not contemplate a rigid separation. It does recognise distinct functions for each organ.
Constitutional anchors in India
- Art. 50: separate the judiciary from the executive in the public services of the State (a Directive Principle).
- Arts. 121 and 211: legislatures cannot discuss a judge's conduct in the discharge of duties, except during a removal motion (Art. 121, for Supreme Court and High Court judges).
- Arts. 122 and 212: courts cannot question the validity of legislative proceedings on the ground of irregular procedure.
- Judges' salaries are charged on the Consolidated Fund, which keeps them out of executive control.
Basic structure. Kesavananda Bharati (1973) and Indira Gandhi v. Raj Narain (1975) treat separation of powers as part of the basic structure, so an amendment cannot destroy it.
Exam tip. 'Independent judiciary' and 'rule of law' support liberty. 'Committed judiciary' and 'centralisation' work against it.
NCERT Concepts to Revise
- Separation of powers: One option names this doctrine. Know which three functions it splits and which organs hold them.
- Checks and balances: Shows how the organs limit one another in practice, the mechanism behind any institutional safeguard of liberty.
- Independence of the judiciary: Helps contrast an 'independent' judiciary with the 'committed' judiciary named in one option.
- Rule of law: Liberty in a liberal democracy rests on law binding rulers too. Use this to judge each option.
- Ram Jawaya Kapur case: The 1955 case in which the Supreme Court described how India divides functions among the organs of government.