Author Details :-
Arjit Kumar
1st Year, LLB
Chotanagpur Law College Ranchi
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The concepts of liberty and freedom are central to political philosophy and the ongoing debates surrounding individual rights and the role of the state. While often used interchangeably, these two ideas carry distinct meanings and implications that have been the subject of extensive scholarly discourse. As we delve deeper into this topic, exploring the nuances between liberty and freedom, we will also examine the insights that can be gleaned from landmark Indian court decisions, which have grappled with these complex issues within the unique sociopolitical context of the subcontinent.
Understanding Liberty
At its core, the notion of liberty refers to the absence of external constraints or interference, enabling individuals to exercise self-determination and make choices without coercion. This conception of liberty aligns with the classical liberal tradition, championed by thinkers like John Locke and the American Founding Fathers, who placed a strong emphasis on negative rights – freedoms from government intervention or the actions of other individuals.1
In the Indian context, the Supreme Court’s landmark decision in Maneka Gandhi v. Union of India2 exemplifies the Court’s interpretation of liberty. In this case, the Court held that the right to personal liberty under Article 21 of the Indian Constitution encompasses a broad range of freedoms, including the right to travel abroad. The Court asserted that any restriction on personal liberty must be “just, fair and reasonable,” and cannot be arbitrary or discriminatory. This ruling expanded the scope of the right to liberty, moving beyond the narrow interpretation of mere physical restraint.
Similarly, in Kharak Singh v. State of Uttar Pradesh3, the Supreme Court recognized that the right to privacy is an integral part of the right to personal liberty. The Court observed that the “sanctity of a man’s home” and the “right to record his movements” are essential components of individual liberty. This decision laid the foundation for the Court’s subsequent recognition of the right to privacy as a fundamental right, as affirmed in the landmark Puttaswamy v. Union of India4 judgment.
Exploring Freedom
In contrast, the concept of freedom encompasses not only the absence of external constraints but also the presence of the means and opportunities to exercise one’s choices. This broader understanding of freedom is often associated with positive rights – entitlements to certain goods or services provided by the government or society, such as access to education, healthcare, housing, and other resources that enable individuals to flourish and participate fully in their communities.
The democratic tradition, with thinkers like Jean-Jacques Rousseau and the modern welfare state, emphasizes the importance of freedom as a collective good that should be safeguarded and promoted by the state.5 This view suggests that the mere absence of external constraints is not enough, and that the state has a responsibility to create the conditions necessary for individuals to exercise their choices meaningfully.
In the Indian context, the Supreme Court has recognized the multifaceted nature of freedom and its intersection with positive rights. In Bandhua Mukti Morcha v. Union of India6, the Court held that the right to life under Article 21 of the Constitution includes the right to live with human dignity, which encompasses basic necessities such as adequate nutrition, clothing, and shelter. This landmark decision underscored the state’s obligation to ensure that individuals have access to the resources and opportunities necessary for a dignified existence.
Furthermore, in Paschim Banga Khet Mazdoor Samity v. State of West Bengal7, the Supreme Court ruled that the right to life under Article 21 includes the right to emergency medical care. The Court emphasized that the state has a constitutional duty to provide adequate medical facilities to ensure the effective enjoyment of this right. This judgment highlighted the state’s role in safeguarding the positive freedoms of its citizens.
The Tension Between Liberty and Freedom
The relationship between liberty and freedom is often marked by a complex interplay, as the two concepts can sometimes appear to be in tension with one another. Proponents of liberty argue that excessive government intervention in the name of promoting freedom can actually erode individual autonomy and limit personal choices. They believe that true freedom can only be achieved through the protection of negative rights and the minimization of state power.8
On the other hand, advocates of freedom contend that the mere absence of external constraints is not enough, and that the state has a responsibility to create the conditions necessary for individuals to exercise their choices meaningfully. They argue that the provision of positive rights, such as access to education and healthcare, is essential for ensuring that everyone has the opportunity to thrive and realize their full potential.9
This tension is evident in the Indian context as well, where the Supreme Court has grappled with balancing the competing values of liberty and freedom. In Francis Coralie Mullin v. The Administrator, Union Territory of Delhi10, the Court recognized that the right to life under Article 21 includes the right to live with human dignity, which encompasses the right to basic necessities and the means to lead a meaningful life. However, the Court also acknowledged the need to balance this positive freedom with the negative liberties of individuals, stating that “the fundamental freedom under Article 21 cannot be curtailed, except according to procedure established by law.”
Similarly, in Olga Tellis v. Bombay Municipal Corporation11, the Supreme Court addressed the tension between the right to livelihood (a positive freedom) and the right to property (a negative liberty). The Court held that the eviction of slum dwellers from their homes violated their right to livelihood, as it deprived them of their means of subsistence. However, the Court also recognized the state’s duty to maintain public order and cleanliness, which could justify the relocation of these settlements to alternative sites.
Footnotes
- JOHN LOCKE, TWO TREATISES OF GOVERNMENT (1689).
2. Maneka Gandhi v. Union of India, (1978) 1 SCC 248.
3. Kharak Singh v. State of Uttar Pradesh, AIR 1963 SC 1295.
4. K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1.
5. JEAN-JACQUES ROUSSEAU, THE SOCIAL CONTRACT (1762).
6. Bandhua Mukti Morcha v. Union of India, (1984) 3 SCC 161.
7. Paschim Banga Khet Mazdoor Samity v. State of West Bengal, (1996) 4 SCC 37.
8. FRIEDRICH A. HAYEK, THE CONSTITUTION OF LIBERTY (1960).
9. AMARTYA SEN, DEVELOPMENT AS FREEDOM (1999).
10. Francis Coralie Mullin v. The Administrator, Union Territory of Delhi, (1981) 1 SCC 608.
11. Olga Tellis v. Bombay Municipal Corporation, (1985) 3 SCC 545.
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