UPSC Prelims 2021 Q90: Indian Polity – Constitutional Framework & Development
- (a) A committed judiciary
- (b) Centralization of powers
- (c) Elected government
- (d) Separation of powers
Answer: (d) Separation of powers
Explanation
Best Safeguard of Liberty in a Liberal Democracy
| Option | Safeguards Liberty? | Rationale |
|---|---|---|
| a) Committed judiciary | Weakens judicial independence - risky | Committed judiciary is prone to executive influence, ideological bias; NOT a safeguard |
| b) Centralization of powers | Threatens liberty | Centralised power leads to tyranny; opposite of liberty |
| c) Elected government | Necessary but insufficient | Elections alone can enable majoritarian tyranny; needs checks |
| d) Separation of powers | BEST safeguard | Montesquieu (1748): separating legislative, executive and judicial functions prevents any one from becoming tyrannical; foundational safeguard of liberty |
Answer: (d) Separation of powers.
Montesquieu's Spirit of Laws (1748) established that liberty requires the three powers of government to be kept apart. Fused powers = tyranny. This is the bedrock of modern liberal democracy.
Why each option is right or wrong
- (a) Incorrect. 'Committed judiciary' (judiciary aligned with executive ideology) is a THREAT to liberty, not a safeguard. Independent, not committed, judiciary is desirable.
- (b) Incorrect. Centralisation of powers is the OPPOSITE of safeguarding liberty - it concentrates power and enables tyranny.
- (c) Incorrect. Elected government is necessary but insufficient - majoritarian democracy can tyrannise minorities. Elections without separation of powers can produce elected autocracy.
- (d) CORRECT. Separation of powers (Montesquieu, Spirit of Laws 1748) is the BEST safeguard of liberty in a liberal democracy. Keeping legislative, executive and judicial functions apart prevents concentration of power and consequent tyranny.
Key point
Best safeguard of liberty = SEPARATION OF POWERS (Montesquieu 1748). Prevents concentration/tyranny by keeping legislative, executive, judicial functions apart. Committed judiciary = threat; Centralisation = threat; Elections alone = insufficient.
Remember
Separation of powers is the best safeguard of liberty in a liberal democracy - established by Montesquieu (Spirit of Laws, 1748). Keeping legislative, executive and judicial functions in separate hands prevents concentration of power and tyranny. Correct answer: (d).
Common mistakes
- Confusing 'committed judiciary' (dependent, ideological) with 'independent judiciary' (neutral). Only INDEPENDENT judiciary safeguards liberty.
- Not knowing Montesquieu's Spirit of Laws (1748) - foundational text on separation of powers.
- Assuming elections alone protect liberty. Ancient Athens had elections but not liberty; modern illiberal democracies (Hungary, Turkey) hold elections but curtail freedoms.
Exam tip
Liberty safeguards (in order of importance): (i) Separation of powers (Montesquieu), (ii) Rule of law (Dicey), (iii) Independent judiciary, (iv) Free press, (v) Fundamental rights, (vi) Free and fair elections, (vii) Multi-party competition. Fused powers = tyranny (India learned this from Emergency 1975-77).
Sources
- Montesquieu - The Spirit of the Laws (1748)
- NCERT Class XI Political Theory - Chapter on Liberty and Political Institutions