RIGHTSAND D¯TIES

209
I
the rights of his fellow citizens.
Chapter12 exercise his rights in such
the
Secondly,
an
a way that he may individual should
richness of society. As contribute to the
conditions ofs
fsocial Hobhouse observes, "Genuine rights are
welfare, and the various rights owe their
Rights and Duties functions
tothe
,2 they perform in the harmonious their validityof
society"
The concept of
development
social welfare is afxed
Nature of Right
The coming together of
men in an organised society entails Lnamic idea markin8 time to social not realities. In concept.
the
It is a
early phase
purpose, the purpose of whar of industrial expansion, for instance, the right to
an willingness to achieve a common fnds its fulflment in the unfettered use of
Aristotle says living well. This purpose one's property was recognised. But the
capitalism with its attendant evils createddevelopment
the development and of industrial
enjoyment of the conditions necessary for asituation where such
the people
realisation of human personality. In a society where personality recognition was no longer
realisation of possible. Hence, the right to property
at large have no opportunity for the opportunities
io rhe mid-twentieth century has been
considerably curtailed in
good living becomes impossible. Some minimum personaliy almost every country, Because of this flow-and-fux of social life,
are thus a necessary prelude to the realisation of man's "no permanent and unchanging catalogue of rights can be
For example, in the absence of opportunity for free expression of. compiled.
recognirion
opinion, a man cannot.realise his best self. Hence, the Rights can only obtain in a democratic state where liberty and
of this opportunity is demanded by the requirements of good life equality coexist. Without liberty the people cannot stand up for
Rights are hen sum total of those opportunities which ensure their rights and interests. The democratic mechanism for enforcing
enichment of individual personality. As Laski observes, "Rights, popular controlthrough periodical elections and alternative parties
in fact, are those conditions of soial life without which no man
senjoyment of rights. The independence of the judiciary also
can seek, in general, to be himself at his best."
But rights in any fullsense of the word are never rights unless helps this process. Without equality there will be discrimination in
respect of privileges. In that case rights will loseall their signifcance.
they are recognised as such by the stare. While the moral personality Hence, the degree of enjoyment of rights depends upon the degree
of man is the ultimate source of rights, the state is the immediate
source. Hence, rights are the basic conditions of man's good life of democratic perfection of the state. In a totalitarian state, where
which are recognised as such by the legal code of the state. the distinction between the state and government is blurred, and
Rights inhere in man's social nature. They are socially desirable there is no in-built strain sustained through political competiion
substance. In
conditions. No man, for instance, has a right to murder or theft. and bargain, rights become mere shadow without privilege of
endowed with real
The recognition of this right will produce chaos and
anarchy. In this type of state the people are not institutions
an unstable condition of socíal disorder,
good life, which is the Standing up for their rights and interests. The democraticindependent
basis of all rights, is not a in the shape of alternative parties, free press andendowing the
of rights involves respectful realisable ideal. Hence, the enjoyment
judiciary which are preeminently necessary for
observance of the fundamental canons present
of social welfare. This
imposes certain moral responsibilities on constitutionally sanctioned rights with reai content, are not rights
every individual. While consequence, the declaration of
In a totalitarian state. In
similar privileges of others.enjoying rights, he must be aware of
He has the moral becomes meaningless.
208
obligation to respect
 RIGHTSAND DUTIES
PouTICAL THEORY
210 211
conditions of civilised
Classifcation 'of Rights classification ofrights development of man is existence. The menital and
The following table shows
the
leges. In most Statespossi ble through the spiritual
Rights document, and almost
they are embodied in a enjoymentof these
every modern state has constitutional
achinery Satcguarding the civil rights of its an elaborate
for
(2) Legal Rights croachment by tne citizens against
(1) Moral Rights freedom of expression, individuals or the
right to freedom of government. Right to
(a) Civil Rights (6) Political Rights
nerty, right to Contract are some of
Political
associatiociviln, rightrights.to
the important
(b) rights are those
guaranteedby the law of the state,
which
privileges, recognised
ensure
and
the participation
into moral andIlegal rights. Moral of the citizens in the exercise of the
Rights are broadly classifedawareness and conscience. They are sovereign
democratic system isone in which the willof power of the state.
rights depend on man's ethical the average citizen
those claims which are based on the moral code of the communiy Le channels of direct access to the
sources of authoriry. There is.
For instance, a wife has a moral right to be sympathetically treated therefore, right to political power." Right to right to stand.
a
by her husband: a teacher has a moral claim to be respectfully for election are some of the signihcant politicalvote,
rights.
reated by his students. But the state, through its legal framework. Through the exercise of political rights the people derermine
does not guarantee the enjoyment of these moral rights. They are the choice of government. Universalisation of political rights is
sanctioned by the prevalent ethical conceptions of the sociery. When the sine qua non of democracy. "When political rights are widely
a moral claim backed by apowerful public opinion receives legal diffused, the government of a state is democratic; hence political
guarantee, itpasses into a legal right. liberty is practically synonymous with democracy.
Legal rights are those privileges enjoyed by a citizen which Political rights are significant in the sense that the quality of
the state recognises and sanctions through the instrumentality of a government considerably depends upon how these rights are
its legal code in every state there is provision for constitutional exercised. The intelligent use of political rights will installcapable
remedy against any encroachment on legal rights. Every citizen, men in the seat of power, and consequently, social welfare will be
for example, in a state has a legal right to freedom of speech and promoted. Hence, political rights:are not granted to those persons,
expression. The state will take necessary steps for enforcing this for instance minors, who have not the necessary mental equipment
right if a citizen interferes in the enioyment of this privilege by
another citizen. Article 32 of the Constitution of India, for instance, for rightful use of these privileges. Similarly, the aliens who do
provides for enforcement of Fundamental Rights guaranteed by not render allegiance to the state in which they live are generally
the Constitution. Under this article any person in India is able denied political rights.
to move the Supreme Court in case interference with
any of his Theories of Rights
Fundamental Rights. The low-and-flux of social situations coupled
with variant
Legal rights can further be classifed into civil and political given rise to
rights. attitudes and system preferences of the writers have of natural
theory
(a) Civil rights are those privileges in the different conceptions of rights. Among them the
cconomic theory of rights
person cannot enjoy a decent civic life. They areabsence
of which a tights, the legal view of tights and the of political thought.
the indispensable realm
ocCupy paramount significance in the
 RGHTSAND DUTIES
PoLITICAL THEORY
212 213
rs grounded in narural
Righs
Ibeories of Nabunalnatural an rise in revolt
against equality of men inspiredthe Americans
rights, wh importaht foreign
National Asembly soon after thedomination. Similarly, the French
The theory of political discusionsinthe seventeenth and
placeinthe world of passedinto background offobscurity. state in solemn declaration
the
French Revolution, resolved "to
eighteenthcenturics,has explainedthe concept of natural rights in While rights ofman," natural, inalienable and the sacred
the contractualists haveprivileges of man, the teleological view L The theory of natural rights has
terms of sonepre-civil with reference to the purpose offhuman life. criticisms. Bentham denies the been subjected to
enunciated the concept
contemplate che existence of natural
existence of pre-civil rights.searchiRightsng
can only exist in an organised society
The contractualists
pre-civilconditionofof mankind. These rights frame to guarantee their possessing an adequate legal
the state ofnature, a enjoyment. Hence, the Concept of rights
prevailingin the state of nature
n organised society, as they are is, legally viewed, amyth.
are considered to be independent ofof nature: Hence, natural che contractualists conceive of natural Secondly,
the possession of man in
the state
by man in a
rights
politicaly
rights
kundle of privileges, but as Laski observes, "no as an unchanging
are not legally sanctioned privileges enjoyed permanent and
non-juristic. Secondly t sunchanging catalogue of rights can be compiled." The
organisedsocery. The concept is basically adequate under. of rights is essentially dynamic, changing in tune with conception
natural rights are "pre-suppositions of society". lhe permanendy anges. Thirdly, Hobbes and Rousseau offer aconception ofsocial
standing of their intrinsic value, and ot the necessity tor absolutism which makes a mockery of rights. Rights or liberties
state
preserving them, prompts men to build up an organised society. can only prevail in a society where political authority is controlled,
Hobbes. Locke and Rousseau, the three prominent
contractualists. agree that men possess rights in the state of nature. responsible and limited. Hobbes and Rousseau, however, endow
and society is organised to guarantee their realisation. But while the state with total and absolute authority.
Hobbes believes that with the formation of society man loses his The exponents of teleological view of rights argue that rights
nanural ights, Locke thinks that these rihtscontinue to exist and are natural in the sense that "they are inherent and innate in
the society's function is to maintain them. In Rousseau's view, the moral nature of associated men who live in society." In their
the transition from state of nature to civil society is followed by opinion, rights are sanctioned not by the law of the state but by
complere submergence of individual wills in the general will. Men, the ethical consciousness of the communitry. But this theoryis
for the realisation of their rights, must look to the general will of inadequate because it ignores the immediate source of rights viz.,
which the civil society is the custodian. the sovereign state. The conception of rights is both moral and
Tom Paine enunciates the doctrine of natural rights without legal. The state through its legal framework guarantees rights which
linking it with the theory of social contract. Paine's opposition to "are the conditions of the developments of our moral personality."
the social contract rests on the ground that it is "eternally binding
and hence, it is a clog on the wheel of progress. Every generation, Legal view of Rights monistic theory of
in Paine's view, must have freedom to think and act for itself. But This view stems from the traditional or
the rights to "liberty, property, securiy and resistance of in single source of the
sovereignty Political power is depositedindividual.
which are the proud possession of man in civil society, oppression' ",
derive their state wherefrom low the rights of the
The right is a
upon order of its courts,
sanction from the natural rights "pre-existing in the individual." claim which the force of the state will,
has three implications. (1) The
The theory of natural rights exercised great intuence on the be used to substantiate". This view rights. Rights are not prior
American and French revolutions. The desire to vindicate
natural state defines and lays down the billof
 HEONY RUGHTS
215
214
the source of all
ofrightsisthe lawof the state. The
tothestate,
because thestateis
framework which guarantees
rights. those conditions of
social life
rights enjoyed by the
citizens
oranterior down
lavs a legal instrumentality of rights.
law, enforces
are
protectsthrough its law. whích the state
recognises and
(2) Thestate which, through its riphre Since law gives formal
ltis the state of rights.(3) As law creates and sustains
of rights is apt to berecognition
substance of rights also to asystem of rights, the
the enjovment law changes, the
nature
coloured by the bias of
beenthe thesis of the Marxist writers that the law of law. It has
of
whenever he content the state has
changes. cannotsuficientlyfulfl che purpose of hardly any general character. To secure rights or
rights justice for all is
The legal viewof Laski observes, sO purely legalistic a vi not its purpose; rather it seeks to respond to the
wishes of those
poliical philosophy. As to an adequate political philosophy Lo nossess the necessary power to infuence the centre
who possess of political
has nothing to contribute
whether the rights recognised arethe rights which rhority. In other words, the law of the state always tilts in favour
it cannot tell us Hence, at a particular time, the body of legaly of the holders of economic power. In the feudal sociery it favoured
need recogniion.° fall short of thesum totallof rights demanded thefeudal lords, and in the present day capitalist society it serves
recognised rihts may human personality. he interests of the capitalist class. As Laski observes, "The way,
by the requirements of take cognizance therefore, in which economic power is distributed at any given
Secondly, the legal view of rights does not
from the membership of the time and place will shape the character of the legal
of the fact that rights fAow not only other multiple associations which are imposed in that time and place." Thus conceived, law
state, but also from membership of
to which an individual both by instinct and necessity is deeply would preserve a set of conditions conducive to the interests of the
attached. As Laski says, to limit his rights to the single category dominant economic class in asociety. In such asituation, rights are
which membership of the state involves is to destroy his personality nothing but certain privileges safeguarded by law in the interest of
is the aparticular class. A capitalist system based on private ownership of
and not to preserve it.. Thirdly, the material source of rights
communitys conception of justice and not the law of the state. the factors of production secures rights not for all but for a small
The prevalent notions of justice in the sociery profoundly infuence minority that owns the productive forces. The possessors of property
the character of rights. also possessors of rights and privileges; for the large mulirude of
Yet the legal theory embodies some truth. The state, as Barker the propertyless there cannot be any rights at all. Rights may have
with its defnite
says, is the immediate source of rights, and rights in any full sense a general character only when the capitalist state based on social
order
of the word are never rights unlcss they proceed immediately from property relations is liquidated, and asocialist
that source. But the theory errs in magnifying one source into the ownership of the factors of production is ushered in.
faithful reftection of
sole source of rights. Rights are both legal and moral. Such a theory of rights is obviously aMarx expressed in his
the general Marxist theory of the
state. As
Economic Theory of Rights : The Marxist Viewpoint Economy, "legal relations as well
Preface to the Critique of Politica<
be understood by themselves, nor
The nature of rights has been differently interpreted. Ideas as forms of state could neither
about 'natural rights and 'inalienable rights have sought to spell progress of the human mind,
explained by the so-called gencral The
material conditions of life."
the character of rights in terms of the innate sense of morality oi
the individual. Others like the Marxists have but that they are rooted in therepresenting the sum total of its
explained rights in cConomic structure of society provides, the real foundation,
terms of the economic system obtaining at a particular period of production-relarions. accordiney
history. Ir is, however, generally believed that the legal and political superstructures." In such a context,
immediate source which rise
 RIGHTSAND DUTIES

216
POLITICALTHEORY Civil Rights
217

historical moment are, in rthe

rights ofthe citizens
atany
the conditionedby the prevailinglegal system which, in
last Civil rights are invaluable
turn, his best self. privileges without which no citizen
analysis, system obtaining at the time. To quote
economic can attain In modern states they are granted to all
is a reflex of the higher than the economic structure of
be
wichoutdistinction of caste, creed, religion or sex. In this sense, the
Marx, "Rightcan neverdevelopment conditioned thereby*9 civil rights are universal possession of the
societyandis cultural of rights, undoubredly, enriches our democratic states the following are citizen-body. In modern
The economic theory highlighting the need for removing the considered to be the prominent
civil rights, although there is marked difference of opinion
conception of rights by property. Historically speal:e the scope of their enjoyment. as to
income and
gross disparities inrights has largely been the the monopoly of the
the enjoyment or consistently strove
strove to manipulate Right to Life
powerful economic class which favour. It is abundantly made
the machinery of the
statein its
'collectivise'
clear This right is the most fundamental claim in the sense that it
the English legislation in the lays down the basis on which the structure of other rights can be
by the inauguration of necessitatedby the
nineteenth century which was unsatistactory
movement built up. Without security of life it is not possible to enjoy other
state of the English society. It set in moti0n a neceSsary rights. The right to life involves the right to protection from any
all the rights to
for counteracting the evils of a system that gavemasses.
toiling attack inside or aggression outside. Every civilised state makes
the factory-owners and left none for the elaborate arrangement for providing security to the life of its every
The economic theory of rights should not, however, be pushed member. This right also includes the right of every citizen to use
too far. For, rights are conditioned as much by the demands made force to defend one's self from assault.
upon the law of the state by the powerful economic class as by With a view to vindicating this right a movement for abolition
other powerfut group, viz., a trade union or a political party. The of death penalty or capital punishment has been set in motion
legal structure that sustains a system of rights is not the handmaid in the advanced countries of the West. The modern conception
ofcconomic forces alone. It is always determined by the total social
of punishment is essentially reformative, the end being to create
complex determined by multiplicity of forces. Especially, with the conditions necessary to bring about a change in the mind of the
emergence of democracy these forces have increasingly come to criminal. There has been a fall in the incidence of murder, as Ray
infuence the course of state action. The drift has, therefore, been where
to impart a largely general character to law and right. During the Calvert has shown, in countries like Holland and Switzerland
fully. Moreover,
capital punishment has been abolished partly orstate
greater part of the nineteenth century, for instance, the right to views suicide
unfettered use of one's property was recognised: It was a "since society regards human life as valuable, the unsuccessfully
of the prevalent system in which the capitalists usedconsequence
to exercise as undesirable and sometimes punishes
those who
»10
decisive infuence on the operation of the state. In the midtwentieth attempt it.
century, however, the right to property has largely been curtailed
under the impact of a growing democratic consciousness. Right to Liberty to freely
the extent of diffusion of rights depends upon the However, citizen with the privilege"Mere
level of political This right endows everywithout let or hindrance.
life
articulation and organisation in a given democracy. In a state, Cxercise his inner faculties
meaningless and withour the exercise
notwithstanding the existence of movement would be
bias of state action, in the absenceformal democratic institutions, the without of that of
would not rise above the level
of adequate political of the human faculties it
may be towards the dominant
economic casses.
mobilisation, animals, "l1
 JLTICAL, HEORY RIGHTS

218 219
freedom from arbitrary observes, in order that a man may be
also involves the rightto move the court arrest or of such a right is clear1b13 his best self, che
This rightcitizen of law existence
detention.Every
Every
will have
to liberty is arbitrarily
restricted. Of ofdiligence and thrif Moreover, property inculcates the virtue
yredressifhis rËght
for necessary crisis, some restit attitude seems to be that the
The correct
some other national
course, during war or exercise of this right. should be retained; but, at the right to property
generallyput on the regulatedin the same time, it must be
are interest public good. The
of sociallyof
Rigbt to Education
the right to property will
profoundl complete abolition
y disturb the springs of human
understand the modern political institutions built up on activity. Butitsunrestricted will invite the evil
use
To civilisation of today, a comprehensive and money-power in consequences of
the complexindustrialeducation is immensely necessary. Without democratic
must be controlled in the
politics. Hence, the right to property
universal scheme of interest of wider social welfare.
can neither control nor can he make
this understanding citizen To make the citizen's control Right to Contract
power.
his voice felt at the centre of
efective, the right to educat Under this right every citizen is permitted to freely
of the government articulate and contract
state. As Laskisays. the keh others. Contract is the basis of modern
has been recognised in every enlightened
as will it himn for the taske
free societies. The terms
citizen has the right to such education of contract are, under the law of the state, binding on both che
12
of citizenship. not identical
parties. The state "protects»14and adjusts the rights and obligations
The right to education means a minimum and growing out of contracts."
intellectual raining for all persons. Society with its diverse needs But every civilised state today does not allow the conclusion of
is based on funcional diversifications. Different types of education those contractswhich run counter to the ends of social welfare. For
are needed to train men for different occupations. Besides, men instance, the contract to deal in slavery is prohibited in the modern
with a diversisy of aptitude and ability will require varying types states. Article 23 of the Constitution of India by prohibiring all
of training. forms of traffhc in human beings secures to the people of India the
right against exploitation.
Right to Property
This right means the freedom of unfettered use and enjoyment
of one's property. Ir also includes the right to make a gift of or to Right to Religion
In the secular states of to-day the right to worship and pursue
bequeath property,. Modern political thinking is exceedingly critical necessary religious rites
about this right. This criticism is based on the logicthat the ideal of any religion one likes and to perform the The state is neutral
citizen.
social justice and equality is unattainable without a total denial of is the fundamental privilege of every religion to individual
leaves
this right. Besides, property introduces undesirable
money-pressure between different religious faiths, and recognises the right of
in politics which in turn corrupts the source of body
politic. choice. Article 25 of Indian Constitution
and propagate religion."
But outside some communist states such as Soviet Russia cvery person to "profess, practise
the right to regulate the
activities of
and Communist China, the right to property is a But the state reserves
unsocial practices
constitutionally
recognised right in almost every state. It is considered religious institutions if the latter indulge in
to an
invaluable right because the possession of property assists inbe the
the
disturbances endargerirg the irtegrity of the state.
Or communal
development of personality. If property must be possessed, as Laski
 RIGHTSANDDUTIES
PouTICAL THEORY 221
220
government is
of ThonghtandEspression no entitled to assume that disorder is
Rightto Fvedom
which Socrates vindicated at the
price
offered
must be before an independent imminent; che
Freedom of thought,
corner-stone of democracy. It is to quote Prof. The traditional judiciacurtailment
thinkers try to justify necessary ry. of
of his life, is the condition ofmental and and moral progress."5 I freedom of expression during
Bury, one supremeexpression which further implies freedom Of express criticism of the
war-period the ground that any
on
implies freedom of eof national government' s war policy is injurious to the
unity-an ideal which is
speech and press. indispensablefor the the hour of crisis. But modern thinkersconsiderably significant
Freedom offexpresionis say what hethinksdevelopment
of in
like Laski argue that
to is to give his che oucbreak of war does not justify any restriction on freedom of
personality. "To allowa man channel of free expression, and his ovoression. Ihe duty of a citizen is to express freely his views on
personality the only ultimate
adequacy." IrI assists man in war. They must be made public in order to infuence the decisions
citizenship the only means of moral
making his needsand experiences articulate and effective.
Secondly. ofthe executive. As Laski says, an executive that has a free hand

a continuous Aow of opinion and criticism is necessary to confront will commit all the natural follies of dictatorship.
The working of democratie
the govèrnment with proper limits. the citizen to express his
instirutions thus requires the right of Right to Freedom of Association
thoughts in speech or writing. Any arbitrary curtailment of his Modern society is viewed as aweb of associations. The group or
social structure.
freedom is fatal to the spirit of democracy. Moreover, in order thar association is the focal point of the contemporary social
the policy of the government may embody public opinion, the In the complex society of to-day an isolated individual is unable to
Thirdly, truth has
citizens should be endowed with this freedom. through
protect himself from diverse socio-political assauls. Only strength
a chance to come out only through a clash of opinions. Hence, some wel-knitgroup he can gather the necessary collective
any attempt to suppress an opinion destroys the fount of
truth. the same time, to make his views and
to protect himself, and at for the citizens to
Maclver says : "The state should not use any torce to suppress needs articulate. In consequence, it is necessary therefore,
association is,
opinion. Opinion can be fought only by opinion. Only thus it is form associations and groups. The right to democratic states.
modern
possible for truth to be revealed."7 one of the fundamental rights in
Socrates prized freedom of thought as asure condition of good The pluralists plead for the autonomy of groupsand associations.
embracing scheme of life must, as
living, but he denicd the right to revolt. The idea of rebellion against But the state as a general and relations ofassociations to itself,
the legal framework of the state for vinicating freedom of thought Barker says, necessarily adjust the
Moreover, the state
did not find favour with Socrates. He put the allegiance to the association and to their own members" which
toother functioning of an association
state and country above all other claims. Also, in Laskis opinion, in controlling the overthrow
is justified
extra-constitutional methods of
insurrection to
the preaching of revolutionary ideas should not be penalised. His adopts authority. But, as Laskiwarns, the
contention is that men who are prevented from expressing their political
the legally constituted proof to
it ought to submit of the
thoughts willsoon cease to think and 'men who cease to think cease must not be its own judge;
also, to be in any genuine sense citizens.' The consensus of opinion
Cxecutive
judiciary regarding the unlawful activities
on this point is that the preaching of revolutionary idea must not an independent political
represent a direct incitement to disorder. The government reserves
association. 19
the state, with a view to achieving the of the
In times ofwar autonomy
the on che
right to punish those who try to destroy the seeks to encroach because,
and to establish the rule of force instead. But, as rule of opinion Purposes of war, encroachment is morallyindefensible
Laski points out, associations, But this
 RIGHTSAND DUTIES
PouTICAL THEORY 223
222
or the The right to work also
as Maclver says,
citizenship is notthe whole life
multi-coloured, and he has
whole
duty lecent living. Creative includes theis right to wage adequate
of man.Mans
loyalties. personality
His loyalty yis competing
to family for instance, is no less important languishing in want. This citizenship
right
not possible for a man
reasonable hours of
work," further implies "the right to
than his loalty to state.
Hence, the stateis not morally competent Without
Teres of human mind cannot be proper leisure the rich
power. explored. Every worker must
to arrogate to itself supreme and absolute have sufficient leisure to
relax his mind and physique strained by
modern factory work. He must think and
Rigbt to Equality land of mind." feel and "discover the
equal in the eye of the law.
Under this right all the citizens are The democratic socialists further
industrial democracy. It means the advocate the establishment of
on grounds
inter se
The state shall not discriminate berween citizens
Democracy, witliout thie ery laver of industrial life. The association of the workers with
of caste, creed, colour, wealth or sex.
privilege, is shaken to its foundation. Hence, the right to equali workers' right toparticipation in
the management of industrial enterprises is the bed-rock
every democrario on which
is recognised by che fundamental law of almost the structure of industrial democracy can be built up.
State. But this does not deny the state the right to offer some extra The constitutional recognition of these rights will transform the
privileges to the depressed sections of the community or to provide Sorder state into welfare' state. Today or tomorrow the
for special treatment of certain classes of people such as women governing
class in every state will be pressed by the weight of circumstances
and children, This is in agreement with the conception of social created by industrial civilisation to enshrine these rights in the
justice, and does not run counter to the right to cquality. fundamental law of the land.
Economic Rights Political Rights
Louis Blance, the eminent socialist thinker of the nineteenth Political rights are the bed-tock of a democratic polity. They
century, was possibly the first man to demand constitutional provide the will of the people "channels of direct access to the
recognition of the right to work. Since then the movement for sources of authority" Some of the principal political rights are as
the recognition of this right has been gathering momentum in follows :
almost every state. But even after more than a hundred years of
popular movement, this right has not gained the status of a legally Rigbt to Vote
enforceable claim in most of the states.
The right to a free choice of the rulers is the proud privilege
Modern industríal sociery is essentially a functional society. which every citizen enjoys in a democratic state. This freedom is
Hence, it is necessary that society must afford every citizen in
opportunity to perform his functions and earn his living for the
the exercised through the possession of the privilege of participating
state
the election of the government. Hence, in every democratic
realisation of his personality. The Of course, exception is
In a modern society based on citizen thus has right to work. the people are granted the right to vote. criminals and aliens.
to work must not functional diversification, right
the made in cases of minors, lunatics, certain
imply the right to identical of the electorate on the
means, in the words of Laski, the right to some type of work. It Some writers advocate limitation of the size
believe that limitation
in producing the fow of goods gainful occupation ground of education or property or sex. They clectorate
and services which of the right to vote will help the
formation of a conscious
for its maintenance. 21 society requires points out, no test has been
possessing high civic virtue. But, as Laski
 ORY RIGHTS

224 225
franchise insuch
devised which
to linmitthe
enables us possession,Moreover. che historical fashion
as petitionssembodying their felt
ecnectfully desires and grievances. The
virruewithis privilege to participate in the
are
considered
renewal of their lease of by the appropriate petasitiothens
toequatecivicthatdeprivation ofthe exclusion from
cxperienceis benefts of power is' dependent on authorities
the people.
ulimately leadsto to the interests of
exercise of power class willnotlookat the centre of those Duties of a Citizen
The governing voice telt power. The state, by
powet.
the developmentguaranteeing
make their privilege has h the rights of a citizen,
who are unable to to vote as a universal in of his assists him
Because of this, the right modern democratic state. rights become mere personality. Without this legal sanction
recognised in almost eery unenforceable
1o enjoy the rights, must also discharge claims. The citizen, if he has
the state. Rights and duties are some specific duties to
Election correlative.
Rigbt to Standin In the
expressly stared. In constitution
vote.
This right is complementary
to the right to Participation
the right to vote and
U.S.S.R. the duties of citizens are
the democratic
of
process involves both constitutions of U.S.A. and India they are left to the civic sense of
in the country's politicalelection. Hence, in a democratic state
election toevery
the people. The major duties are as follows :
the right to stand in privilege of contesting rha
the
Giizen is endowed with che conditional
be made by upon
legislature. But this right should "contingent, for example, laying
Allegiance to the State
down certain tests. Laski makes it It means that the citizen must stand by the state in
the hour
His argument is
three years service in a local public authority. is so important in of its crisis. It is the duty of every citizen to assist the state in
assembly
that "servic in the central legislative experience must be offered maintaining its territorial sovereignty from external aggression and
its results hat proof of apitude and admitted. 23 in preserving internal peace and orde. This duty implies a moral
before the caim to epresént can be responsibility of every citizen to defend the state even at the price
of his life. To enforce this duty, in some states military service for
Right to Public Office the citizen has been made compulsory during war.
Ir implies cqual opportunities for all citizens in respect of
public offhces. Every citizen has an inalienablé right to hold the To Obey Laws
highest ofice of the state. In representative democracy of today laws are made generally
The state shall not discriminate between citizens in this in conformity with the prevalent opinion of the community, and
respect on grounds of nationality, religion, colour, wealth or sex. they aim at common social welfare. It is the duty of every citizen to
Discrimination unjustifed by wider canons of social justice is the obey the laws of his state. Violation of laws produces a condition of
very antithesis of dernocracy. anarchy which reduces good living to amarginal experience. But if
he citizen exercise
the law of a state fails to represent justice, should
opinion on this issue is
Right to Petition his right to resistance? Laski's consideredwhich is devoid of moral
law
In democracy the rulers are chosen by the great mass of that a citizen has the right to resist a only appeal as
the people. Hence, the government must alwavs be alive to the adequacy. As Laski observes, "Law will, in general,
legitimate grievances of the people, and must take appropriate means seems to him genuincly, and
for their redress. The citizens in a legal to the citizen according as it refiection of a moral order."24
democratic state are not merely on a priori grounds, the
address, individually or collectively, the executive or thecompetent to
legislature. Barker also admits the right to resistance in a situation in
which
 POumCAL THEORY RIGHTS AND DUTIES

226 227
justice on which Correlation of Rights and
general scheme of the
based on the But, at thesame time. Barker calls for Man shivers in Duties
lawis not
state and
societyare based.
mischiefs of
obedience againstthe mischiefs of
the
human life impel man to isolatiocrave
n. Thefor physical and psychic needs of
old as
a weighing
ofthe
resistance. This
assessmentof Barker is as calculation
the right to resistance when
chese-needs through concerted and group-life. He
and :associated action. seeks to realise
Bentham who allowed
every man
appear less to him
as separate entities, are transformed into Human beings,
mischiefs of resistance
then the Groups emerge associative personalities.
human life. Thespontaneously order to fulfl the diverse needs of
of in
probable »25 The chances of resistance Can
"the mischiefs of
probable endowed with the
reducedif the laws arewhich is he basis of Content for the development much-needed sense of solidarity, which is
besubstantially
Onlythenthe willto obey plitical
of human
of groups among which the state itry, is theprovided by thenecessary
personaloccupies growh
justice. pride of It is
that it "embodies theplace.
of emerge. in the nature of group
obligation will spontaneously organisation
of reciprocity. He who gives, takes, and he who takes, gives"principle
Exercise the Right to Vote and Hold Public Office one of the principal
consequences of the emergence of group-life
Thus
To Honesthy choose the governors of the satss bas been the interweaving of rights and duties.
to
Indemocracy the rightright to vote is thus a necessary adjunct The enjoyment of rights involves fulflment of certin
people. The
vested in the
quality of government depends upon while enjoying rights one must perform some duties. obligations;
to the democratic system. TheThe votcrs must p0ssess the power of correlative with duties. This has led to the formulation Rights are
how this right is exercised. rival ideologies and leadership. In of what is
known as the functional theory of righs. By this theory "is meant that
assessing che intrinsic value of privilge of selecting the rulers of
other words, they must use their and honesty. Similarly
we are given powers that we may so act as to add to the richness of
the country with judgment, understanding oursocial heritage. We have rights, not that we may receive, but that
in public offices must be equal to the
the persons who are installed
we may do.""2 This conception of correlation of righis and duties
with responsibility
trust reposed in them. They mustrender service the system
is implicit in the very nature of social existence, although it has
and honesty. Some chinkers advocate the acceptance of not been made articulate in most countries through constitutional
of recall with a view to cfectively enforcing the responsibility of recognition. The Constitution of Soviet Russia, however, contains
those elected to public ofhces. an inpresive list of duties in its Bill of Rights.
The relation between righrs and duties may be srudied in its
To Pay Taxes diterent aspects. Firstly. it is the imperative ducy of a citizen to
The transformation of 'order state into 'welfare state in the use his rights in such a way as to contribute to social richness.
present century has immenscly extended the sphere of state activities. The right to education, for instance, is recognised in most of the
Government today is duty-bound to cater to varied services. advanced democratic states. But it correspondingly imposes an
Consequently, the expendiure of the government has considerably obligation on the citizen to cultivare the high civic virtues in the
increased. The huge sum of moncy to hnance the various items absence of which democracy cannot successfully operate. Secondly.
individual the
of governnental expenditure mostly comes from taxes levied on the fact of social interdependence devolves on each of India, for
citizen
persons and commodities. Taxes are compulsory contriburions. It obligation to respect the rights of others. A At the same time,
is the duty of the citizen to pay taxes honestly. The practice of movement.
instance, possesses the right to free
with the enjoyment of
evasion depletes the national purse, and the rendering of services It is his paramount dury nor to interfere the citizens murually
sutfers in consequenee. similar right by some other citizen. Unless
 PoumiCAL THEORY RIGHTS AND DUrIgs
228
thrown into the condition ofof 229
socety willbe juristictheory is an
disorder where rightscitizen is under obligation to
bundle
respecttheir rights, willbecome a meaningless perform cy as it is a formal inadequat
theory of law,e and
explhence
anationit ofis political obligation
of
purpose political
observes,insufficient
for the
principles. Thirdly a The state, as
Barker observes, is the immediate the state must philosophy.
As Laski "the
"the
just1ty themselves on grounds other commands
duties to the state. in any fullsense of the word, are never sourcein thhe fiat of the state. than their
rights "28
source of rights and immediarelyfrom that source. Acitizen
proceed
rights unles theygratitude the state for
the bestowal upon him Different schools of political thinking have
to the grounds of political sought to discover
indispensable for the which found its rational obligation. The theory of divine right,
debt of
Owes a
of certain privileges which are
under
development
obligation to perform Some development in the thinking of
fhis personality. Hence, he is
the state in the Aquinas, seeks to treat human law as an emanation fromThomas
duies to he stare. To stand by hour divine
reason, as an aspect of cosmic fact. The theory insists. as a
necessary taxes honestly, and above all, to logical
of its crisis, toobey laws, to pay
state are the duries s consequence, on man s obedience to law which is the expression of
processes of the Aivine authority. The theory of social contract, on the
actively parücipate in the other hand,
citizen
every The coming
modern state.
in atogether of men in society involves their
willingness hinds the citizen to the governing authority by the reasoning that he
echics. Social.
himself along with others has created the authority through contract.
to settle down to some abiding rules of social Man has consented to the power of the state to issue
rational conduct of man commands.
existence demands a certain measure of Hence, he is under obligation to obey its laws. Both the theory of
interdependence. This
an intelligent awareness of the fact of social Hobhouse
divine right and the theory of social contract are unhistorical and
results in interlocking of rights and duties. Rights are, as
others fromn us
abstract doctrines based on non-verifiable assumptions. Hence, with
observes, what we may expect from others, and the emergence of empirical thinking in politics, these theories have
the
and all genuine rights are conditions. of social welfare. Thus largely been abandoned.
rights any one may claim are party those which are essential to The idealists like Hegel who recognise the state as the
every man in order to be a rational human person, and partly embodiment of reason and 'Reality of Freedom find the concept of
those which are necessary for the fulfilment of the function that freedom meaningful only in the context of state-sustained laws. They
society expedts from him. They are conditioned by, correlative to, equate law with freedom thereby implying that the enlargement of
his social responsibilities." the orbit of law- involves the expansion of the frontier of freedom.
Hence, in the Hegelian state an individual is under necessary
POLITICAL OBLIGATION of the
obligation to obey the law. Such an absolutist conception
to resistance 29
Membership of the state is compulsory, and no individual state automatically rules out .the popular right
to-day can escape this compulsion. But is he under obligation But the idealist theory of the state, as Laski observes,
"remains a
to endorse every action of his state? Is this individual justified in states
tormulation of a conceptual state in posse rather than of the
resisting the law which falls far short of his value judgment? This in depends not on a

brief is the problem of political obligation. Legally viewed, a citizen
is obliged to obey every express will of the
state. The state is the
repository of sovereign power, and is the exclusive source from
which
law emanates. Thus the state has
certain primacy which binds the
citizens to its legal norms, But this is purely a
juristicapproach. n
we know.0 The problem of political obligation
The basic question is
priori considerations but on empirical tests. hypothetical state,
laws of a
not how an individual confronts the laws of an actual state.
but how he comes to grip with the
real
belief in economic determinism,
Ihe Marxist theory, with its
particular perspective.
a
Creats the question of political obligation in
 RIGHTS AND DUTIES
PoLITICAL: THEORY
231
230
tnesane in the capital: of self-development. His
The natureof
that
political
in
öbligation is not
the'socialist system.
when the
Inthe
former an
capitalistsyste
individual
system turns into
the State. In : a
differentiated,allegiance
cannot wholly be claimed by
pluralistic
s
only a mmber of the State; he is also society an
a memberindividua
is not
systemas But the right to In of a myriad of
to resist. individual is denied from other associations.
his resist,
case a conflict arises
has theright same deflect association like the
Trade Union of whichbetween the State and
orderthe state
a socialist thelegal code ofthe ofthe Marxists reduces scheme an

he will alone decide which of the twtwo

a citizen is a member,
however may ambivalentattitude the associations should receive
But this question of political expediency, his allegiance. In his zeal to
values. obligationto a advocate the
of
question of political
independent individual
whose experience alone resistance, Laskihowever seems to have missedindividual'
an
s right to
the obedience tothe laws of the of the community. adequate sense
and ignores determination of his
problem of state. The problem of political
countsin he discussedabove treat the
which are
poliical aot in isolation but in relationobligation should be dealt with
Allthe theories assumptions arbitrarily to a particular political system.
light of some
obligation in theempirically verified. Besides, some of the above
of Basically, the problem is inseparably connected with democracy.
chosen and not individual as an an independent entity. But the Realistically viewed, a state is an administrative machinery and
theories ignore the based on how the metaphysical, abstract entity. Law of the state has no 4priori
political obligation is
fundamental question oflaws of the state of which he is à member.
not a

eancriy. So when law. departs from individuals scheme of values

individual confrontsthe viewed, obliged to obey the law from his experience, he has the right toto resistance. "Rebellion,
"legally
An individual is, authority in conformity with the rherefore, is' as Green insisted, "a contingent duty on the part of
made by a legally constituted
fundamenal law of the land. That law is valid and hence is binding the citizen." But the individual must try all ocher methods before
satisfr
order to possess value must he pursues the path of rebelion, and he should rebel only on major
upon the citizen. But that law in moral
justice' or of what Laski calls boros issues of great social significance. Democracy is a government by
the test of what Barker says, andvalidity must be discussion. Continuous resistance will make the functioning of
adequacy. The distinction between value government by discussion impossible. The right to resistance, thus,
question of political obligation.
in mind in any examination of thejustice, an individual, as Barker must be exercised with caution and only as a last resort. As Burke
If a valid law fails to represent
insisted, the right to resist is the medicine of the constitution, and
admits, has the right to resistance and his super-political obligation
when he not its daily bread.
should get the upper hand on political obligation. Butand order
defies the law, he disturbs the general scheme of law
and the general validity' of obligation. This calls for a weighing of Reference
1. Gilchrist. Principles of Social and Political Theory, p.The137.Individual
the mischiefs of obedience against the mischiefs of resistance. This 2. See Social Evolution and Political Theory,
Ch on
assessment of Barker is as old as the calculation of Bentham, and and the State'.
does not transcend the limits of traditional hesitancy.iucite 3. Laski, op., cit., p 115.
Laski, whose analysis of political obligation is free from 4. Gettell. Political Science, p. 153.
Morals and Politics p. 542.
traditional prejudices, concedes the individual the right to resistance 5. Joad. Guide to the Philosophy of
whenever the laws run counter to his experience.32 The only state 6. Laski. op. cit., pp. 90-91.
p. 17.
to which an individual owes allegiance is the state in which he 7. Laski. An Introduction to Politics,
discovers moral adequacy. He has the righrt to rebel against the Economy p. 11.
8. Mars. K. Critigue of Political Programme.
command of the state which denies the individual the prospe 9. Marx. K. Critique of the Gotha
232
PorrICAL THEOE
10. Gettell, op. cit., p. 154.
Science,p. 144,
11. Gilchrist. Political
12. Laski,op. cit., p. 113.
13. Laski. op.cit., p. 130.
14. Gettlell, op. cit. p. 155. and is Rival, pp. 78-79.
in Democracy
15. Quoted by Lloyd118.
16. Laski. op. cit., p State, p, 153.
17. Maclver, The Modern England (1848-19'4).p. 156,
18. Barker. Political Thought in
19. Laski, op. cit.. p. 123. 163.lonoT
20. Maclver. The Modern State, p.
21. Laski, op. cit., p. 106.
22. Laski. op. cit., p. 115.
23. Laski. op. cit., p. 117.
24. Laski. op. cit., p. 250.
25. Barker. op. cit., PP 220-225.
26. Lipson, The Great Lsues of Politics, pp. 2G-27.
40-41.
27. Laski. op. cit., Pp.
28: Laski. An Introduction to Politics, p.22.
29. For abrief but illuminating treatment of
this problem see Barker
op cit PP. 19-23.
30. Laksi. AGrammar of Politics, see Introduction.
31, Op. cit.
32. Op. cit.