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Wednesday, January 8, 2014

Liberty

 Derived from the Latin word 'liberty', liberty taken literally would mean freedom from captivity, imprisonment, slavery, serfdom or despotism. As conceived in the liberal western traditions and in the context of doctrines of laissez-faire, liberty was largely a negative concept. It meant absence of restraint on freedom of trade and enterprise, equality of opportunity in trade and business, freedom of contract and competition. Liberty was conceived as absence of interference in individual freedom of action by the Government. But 'liberty' in the preamble to our Constitution does not mean mere absence of restraint or dominion.  It is a positive concept of the right to "liberty of thought, expression, belief, faith and worship." It comprehends various freedom later concretized in the Fundamental Rights part of the Constitution and considered essential for the development of the individual and the nation. Thus, for example, Article 19 guarantees protection of rights of freedom of speech, expression etc. While Articles 25-28 embody rights to freedom of religion including that of belief, faith and worship. In this positive connotation, liberty would mean freedom of individual to do what one likes. But, again 'liberty' has to be distinguished from license. The liberty of thought, expression, belief, faith and worship as elaborated in the fundamental rights part of the Constitution has to be so regulated as not to endanger the security of the State, public interest etc.
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