Indian Polity

Q. Liberty is not only a constitutional right but a natural right too. Discuss the basic philosophy behind this right and explain why no any democracy could be real democracy without this right. 7.5 marks.


2 thoughts on “Indian Polity”

  1. Natural right is a right that every human beings has on the ground of being a human. Constitutional rights are given to the citizen to safeguards their natural rights. Liberty is thus guaranteed more by natural rights than by constitutional rights. What constitutes natural right however, have been differently defined by different thinkers. Hobbes for an instance puts right to life as the sole right in natural right category. In contrast, Locke includes right to life,liberty and prooperty in the category of natural rights.
    Natural rights are those rights which can’t be compromised on any ground. This is important for the enhancement of freedom.
    Constitutional rights can be compromised for the sake of natural right in order to widen the liberty, For an instance right to employ workers has been amended to exclude child labor. Here natural right of children to be free is given more importance.
    The idea of natural right is echoed by hunan right, that has become famous today. United nation human right commission safeguards natural rights in general and human right in particular.
    No any democracy could be real democracy without natural right as the very idea of democracy is based on exaggeration of this right namely life, liberty and even property to some extent.
    Moreover constitutional rights are limited in nature as are confined to the feature of the regime eg. Right of liberty to speech and expression has many a time been not included as constitutional right of a undemocratic regime.
    In short a regime inspite of offering constitutional rights may not necessarily be democratic. Whereas guarantee of natural rights automatically makes a regime democratic.

  2. “All men are created equal” this is a landmark statement by Abraham Lincoln while ending slavery in the America. This line means alot from ‘liberty’ perspective as well.
    It is rightly said that ‘liberty’ is not just a constitutional right but a natural right too.
    When it comes to achieve higher spiritual level which is fundamental basis of taking society forward, it is almost impossible to do that when you have certain restriction in thinking and challenging the higher order of the society. Rise of America from a British Colony to World superpower is the biggest example of true meaning of ‘liberty’ and this is what has made it great.
    The real democracy can’t exist without the very idea of ‘liberty as a fundamental right’. Democracy simply means the rule of the majority which means a problem for minority. Success of real democracy lies in saving the weakest from tyranny of majority. It sets base level of intellectual, philosophical and economical diversity that ensures free play of ideas for best solution to the problems.

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