Write on the "Locke's Social Contract" in about 150 words. (10 Marks). UPSC MAINS 2022
Locke believed that the human nature is good and social. It is obvious that they live in relative peace and harmony with their fellow beings. People were neither nasty nor uncivilized nor brutish but they lived happily and peacefully with each other. They enjoyed certain natural rights and there was no perpetual war in state of nature.
Locke observed that this state of nature suffered from certain inconveniences. Locke observed that there were three, drawbacks in the state of nature,
(1) laws were not clearly defined
(2) there was no common authority to enforce the natural rights and
(3) there was no recognisedand commonly accepted judge to settle disputes.
This means thatthere was no legislature to make laws, there was no executive to implement laws and there was no judiciary to interpret laws. Thus the three parts of government were missing in the state of nature. These drawbacks were responsible for the people getting out of the state of nature, and entering into civil society.
Men made a contract to enter into a civil society or the state. This was a social covenant. It was entered into and agreed upon by the people among themselves. .L.ocke calls this a Social Contract. The social contract puts an end to the state of nature. People who entered into this contract, did not surrender all the natural rights which they enjoyed in the state of nature. They surrendered only one aspect ot their RIghts, (i.e.) the right of interpreting and enforcing the law of nature. This surrender was made in order to protect their existing rights in a more efteçtive manner. The contract was for lmited and specific purposes. The people Surrendered the right to the community as a whole and not to one man or to an assembly of men. Locke recognises and establishes the sovereignty of the people. To him, the state existed only for the people. All these ides differ from the ideas of Hobbes.
The first contract as we have seen is a social contract. Locke speaks by implication of a second contract, namely, a governmental contract. The government is authorised by the society to make positive laws consistent with the laws of nature. The second contract was subordinate to the first contract. This is because the government was only a Judiciary power. It should act for a certain end. Original exercise of authority or power was also limited to achieve The society in its corporate capacity establishes the govern those ends.
The second contract is not expressly stated by Locke. This was only implied by him. Locke observed that the legislative power becomes the supreme power in the commonwealth. This is based on the consent of the people.This power should be exercised only to promote "the peace, saety and public good of the people." Locke considers the government as a trust. The law of nature must not be violated by the government. The rules of the government are expected to be in accordance with the law of nature. The judges must dispense justice according to the standing laws. Locke also observed that the government had no right to deprive the individual of his property without his consent. No taxes can be levied without the consent of the people or their representatives, except in emergencies. The community thus perpetually retains the supreme power The sovereign of Locke is thus given a limited authority. The people were given the right of revolution. They can overthrow a government which does not exist for the good of the people.
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