Realization of liberty and freedom as an integral part of human, moral and self-development require either un-interfered action as an agent or provision of enabling conditions. It is also dependent on fulfillment of certain other institutional and constitutional requirements.
- In the liberal sense, political liberty is premised on the presence of a limited government with checks and balances because liberty is treated in terms of struggle between liberty and authority and minimum interference of authority in individual’s actions. This can be achieved in two ways: (i) by provision of certain rights and liberties as granted to people or citizens in which the authority’s interference, except in special circumstances, could be treated as infringement, and (ii) establishment of constitutional checks, e.g. in the form of checks and balances. Locke and Montesquieu supported a limited government with checks and balances. The Indian Constitution provides a set of Fundamental Rights to individuals and groups and has separation of powers between legislature, executive and judiciary as a means of checks and balances.
- Both Mill and Tocqueville felt that ensuring individual liberty or liberty of those having ideas opposed to the majority requires limiting the nature and sphere of power that society can legitimately exercise over them. Limit on tyranny of majority is necessary for ensuring civil or social liberty. The Indian Constitution gives a wide variety of freedoms including that of speech.
- To ensure the enjoyment of liberty, certain enabling conditions should be available. For example, I have freedom or liberty to get employed or choose my profession, as I desire. But will it be possible if there is no provision to get education? Similarly, I have been given freedom to eat whatever I can, but I have no money to buy. These are questions that relate to socio-economic conditions that are required to make liberty meaningful. As Anatole France suggests, the freedom of a rich man and a destitute to buy bread is not the same. Enjoyment of liberty must be premised on its conditions of enjoyment and mere its provision.
- According to Laski, freedom requires absence of special privileges. This was the case during feudal Europe when privileges existed instead of liberty. Liberty then requires equality also. Secondly, Laski suggests that liberty also requires presence of rights. Thirdly, he feels that a responsible government that acts in an unbiased manner is required for liberty to be enjoyed.
- At times, provision of enabling conditions also require a differential provision of these conditions for those who are socially, historically and naturally depressed. Enjoyment of liberty is meaningful when some are positively discriminated.
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