Jurisprudence

Project - Jurisprudence Tarun Sahu

//* Q.2. The relationship between Rights and Duties (R – 31-60)

//* Relation between Rights and Duties

Preface

"The Constitution is not merely a legal document; it is a vehicle for Life, and its spirit will always be that of
the Age." - Dr. Babasaheb R. Ambedkar.

As with any sport that has its own set of rules, each country has its constitution. These rules are in place
to safeguard the supreme government's structure. What is a game if there are no rules? There are no
rules and no order. Without rules, the line between humans and animals is razor thin. Each country has a
constitution because they operate according to certain rules and principles. The constitution is the
fundamental law that not only establishes the state's powers and responsibilities but also reflects the
popular will.

The Constitution is a collection of principles outlining the duties and rights of citizens, as well as the
relationship between them. It encompasses all rules that directly or indirectly affect the distribution or
exercise of sovereign power in a country. It is a collection of Fundamental Political Institutions in its
simplest form. The Constitution, in a nutshell, establishes the framework for all forms of government. In a
constitutional democracy, the state establishes citizens' rights and duties in order for society to coexist
peacefully. Occasionally, however, the state imposes such duties on its citizens that they violate the rights
of marginalized groups in society.

As a result, the primary source of concern is the imprecise language used to describe duties (as their
interpretation is left at the discretion of the State). As a result, 'citizen duties' are prone to be abused as a
means of imposing the State's or social majority's will on vulnerable segments of the population.

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Introduction
Without certain fundamental conditions of social life, no one can generally be his or her best self. These
are the necessary conditions for the individual's and society's health. Only when individuals obtain and
exercise their rights are they able to develop their personalities and contribute their best services to
society. Rights and duties are inextricably linked and cannot be separated. Both go hand in hand. These
are the polar opposites of one coin. If the state grants a citizen the right to life, it also imposes an
obligation on him to avoid dangers to his life and to respect the lives of others.

If I have the right to work and earn money, it is also my responsibility to acknowledge the same right in
others. Only in the world of duties can rights be possessed. Each right is accompanied by a
corresponding obligation. When individuals fail to carry out their duties properly, all rights become
meaningless. "I can exercise my rights only if others permit me to do so as well. I have a "right to life,"
and it is the responsibility of others to respect that right and refrain from causing me harm." Rights are not
the exclusive property of a single person. These are distributed equally to everyone.

The meaning of this is "others have the same rights as I do, and it is my responsibility to ensure that they
are exercised." Laski is correct in asserting that a man's right is also his obligation. It is my responsibility
to respect the rights of others and to exercise my rights in the public interest. Societies give birth to rights.
As a result, while exercising rights, we must always seek to advance social interests. Each of us has a
responsibility to use our rights to advance the general welfare of society.

Due to the state's role in defending and enforcing rights, it becomes a duty of all citizens to be loyal to the
state. They are responsible for adhering to state laws and paying taxes honestly. Citizens should be
prepared to defend the state at all times. Thus, a citizen possesses both rights and obligations. He has
rights and fulfills his duties. The terms "Rights" and "Duties" are synonymous.

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About Rights:
Every citizen in India has been granted the right to live in liberty. However, these rights are enforceable
only when another person intends to commit an act. Additionally, citizens have a responsibility to protect
the rights of other members of society. As a result, duty and rights are inextricably linked. When one
person violates a duty, another person's right is violated. I'd like to discuss the jurisprudence of rights and
duties in this article, as well as their relationship to one another.

To gain a better understanding of the concept of rights, let me examine the various definitions of rights
offered by prominent jurists:

John Austin - Austin stated that "a party has a right when another or others are bound or obligated by
law to do or abstain from doing something toward or in regard to him." Jhering defined rights as "legally
protected interests." The law does not safeguard all of these interests. Men's interests conflict and the law
is the rule of justice, protecting only certain interests.

Salmond - defines a right as an interest that is protected by law. To be interesting, it should not only be
recognised, but also legally recognised.

Holland - Holland defined legal rights as the "capacity of one man to control, with the consent and
assistance of the state, the actions of others." He construed the term in accordance with Austin's
definition.

Additionally, the Supreme Court of India defined right as follows in State of Rajasthan v Union of India
[AIR (1977) SC 1361]: "In the strict sense, legal rights are correlatives of legal duties and are defined as
interests that the law protects by imposing corresponding duties on others. However, in a broader sense,
the term 'right' refers to immunity from another's legal power; immunity is an exemption from another's
power in the same way that liberty is an exemption from another's right. Immunity, in short, is not
subjection."

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The Components Of Legal Rights

According to Sir John Salmond, each legal right is comprised of five fundamental components:
The Person of Inherence:
The subject matter is referred to as the Person of Inherence. In simple terms, it refers to who has the
right. There is no such thing as a right without a subject. The person of inherent worth encompasses not
only an individual but also society as a whole.

The Person of Incidence:

A person who is obligated to respect another person's rights is referred to as the Person of Incidence. In
general, this means that if someone has violated his duty, the other party has a right against him.

The Right's Contents:

The right's contents include the fact that the person is obligated to perform an act.

The subject matter of a right is whatever the act or omission relates to; it is the thing over which a right is
exercised. This may be referred to as the right's object or subject-matter. Although some writers argue
that certain rights are self-contained.
Salmond has also incorporated the fifth element, namely "title." He states that "every legal right has a title,
which refers to the facts or events by which it was acquired from its previous owner."

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Various Types Of Legal Rights

The Indian Constitution protects individuals' rights.

The Indian Constitution guarantees certain rights to its citizens, dubbed Fundamental Rights, which are
regarded as the most important rights. If any of these rights are violated, the individual has the right to
petition the Supreme Court of India or a High Court for the purpose of enforcing the rights.

The Court guarantees the following rights:

• Equal Rights (Article 14)

• Right to liberty (Article 19)
• Anti-Exploitation Rights (Article 23 and 24)
• Religious Liberty (Article 25)
• Death Penalty (Article 21)
• Constitutional Rights to Redress (Article 32)

Protection Of Legal Rights

A legal right may be enforced through a state-established Court of Law. In general, a legal right is
enforced through the award of damages in civil cases. IF DAMAGES ARE NOT ENOUGH, THE OBJECT
MAY BE RESTORED. Additionally, the court may order specific performances. Alternatively, the court
may grant an injunction to enjoin a party from enforcing a legal right. The Specific Relief Act, 1963, makes
reference to the injunction law. It is a restraining writ that prohibits a party from engaging in conduct that
interferes with the plaintiff's enjoyment of his legal rights.

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About Duties

In general, a duty is an obligation, while a right is a privilege. They may exist as a matter of morality or
law. For instance, a person may have a moral obligation not to injure another's feelings. However, case
law and statutes establish the legal framework or parameters for determining when defamatory
communications constitute defamation and the procedures for seeking redress.

A duty is an obligation that a person owes to another person. If a person violates his duty and infringes on
another's right, he must bear the consequences of the violation. Numerous distinguished jurists have also
defined duty in the following manner.

Keaton - A duty is an action that should be enforced by the state in order to protect the people's rights
and also to protect their interests.
Salmond - A duty is an action that every citizen is obligated to perform in furtherance of the protection of
other people's rights.
A duty can be classified into two types: moral and legal.

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Classification Duties

Duties are classified as follows:

Principal and Secondary Responsibilities:
A primary duty that exists independently of all other duties and is not dependent on them. On the other
hand, a secondary duty, also known as a remedial duty, is one that is contingent upon other duties.

Positive and Negative Duties:

Positive duties are those that are prescribed by law, while Negative duties are those that are prohibited by
law.

Austin has classified duties into absolute and relative. Relative duties are those that are related to a
particular right, whereas absolute rights are those that are unrelated to any particular right.
Austin has also been granted absolute rights:
Self-regarding obligations, such as a duty not to commit suicide or to abstain from drugs or alcohol, are
also included.
Duties to society, for example, a duty not to cause a nuisance.
Duties owed to entities other than human beings, such as God or animals, birds, and so forth.
Obligation to the sovereign or state.

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The Indian Constitution Enlarges The Scope Of Duties

Article 51A of India's constitution imposes certain obligations on every citizen. According to Article 51 A of
the Indian constitution, "it shall be the duty of every Indian citizen."
• To uphold the Constitution's provisions and the National Flag and National Anthem;
• To safeguard India's sovereignty and integrity;
• To adhere to the noble ideals of national conflict
• To protect the country and assist in national service when called upon
• To safeguard the country's national heritage;
• To promote and preserve the brotherhood of the Indian people.
• To safeguard women's dignity
• To safeguard the natural environment, which includes forests, lakes, rivers, and wildlife;
• To safeguard public property and to avoid violence; To contribute to the nation's development in
all spheres.

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A Comparative Analysis Of Fundamental Responsibilities And Fundamental Rights

Fundamental Rights and Fundamental Duties are both derived from the Constitution, with the distinction
being in the connotation of the terms 'Rights' and 'Duties'.

A fundamental right is guaranteed to all citizens and is enforceable by law; if an individual's fundamental
rights are violated, the individual has the right to bring an action in court. Thus, an individual right to free
speech, education, and shelter, among other things, constitutes one's fundamental rights - impregnable,
untouchable, and unrestricted (subject to reasonable restraints in the interest of national security, public
order, decency, morality, etc). As a result, one can assert that rights are legally recognisable.
On the other hand, fundamental duties are not legally enforceable. It is the responsibility of both states
and individuals to contribute to social welfare. Thus, the duty to preserve one's heritage, to respect
national symbols, to keep one's surroundings clean, and so forth, is one that cannot be redressed in the
courts but is expected to be followed in good faith to ensure a well-functioning society. Thus, it can be
said that duty is moral in nature; there are no consequences for failing to perform one's duty; however, if
one's rights are violated, there are legal consequences for infringing one's right to enjoyment.

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Relationship Between Rights and Duties

The Indian constitution, as the country's supreme law, serves as a guide for all its citizens by establishing
the framework for various fundamental rights. Two of these fundamentals are - each citizen's rights and
responsibilities. "Every right entails a responsibility; every opportunity entails an obligation; and every
possession entails a duty," as correctly stated. Which is why, whether it's legal, political, social, or
economic, or anything else, Rights and Duties go hand in hand. The right to receive something entails the
obligation to pay for it.

The Fundamental Rights and Fundamental Duties provisions of the constitution specify the state's
fundamental obligations to its citizens, as well as the citizen's duties and rights toward the state.
Fundamental Rights are nothing more than all citizens' fundamental human rights. These are universally
defined, regardless of birthplace, caste, gender, religion, or creed. Fundamental Duties, on the other
hand, are all citizens' moral obligations to contribute to the promotion of patriotism and to uphold India's
unity. The constitution establishes six fundamental human rights: the right to equality, freedom, and liberty
from exploitation, the right to religious freedom, the right to cultural and educational freedom, and the right
to constitutional protection.

Simply put, the right to vote entails the obligation to vote for a candidate who, in our opinion, will bring the
best out of this country. The right to live in a healthy environment is accompanied by the responsibility to
keep it clean and healthy. The right to live freely is accompanied by the obligation to refrain from
interfering with the lives of others. Similarly, the right to drive a vehicle entails the obligation to follow all
applicable government rules and regulations. The right to utilise various government services such as
transportation comes with the obligation to pay taxes under the applicable provisions.

➢ Rights and Duties always go together:

Rights and duties are closely related and cannot be separated from one another. Both go side by side.
These are the two sides of the same coin. If the state gives the right to life to a citizen, it also imposes an
obligation on him to not to expose his life to dangers, as well as to respect the life of others. If I have a
right to work and earn, it is also my duty to recognize the same right of others.

➢ Right of One is the Duty of Others:

Rights can be enjoyed only in the world of duties. For every right there is corresponding duty. When the
people fail to discharge their duties properly, the rights all become meaningless. “I can enjoy my rights
only if the others allow me to do the same. I have” the right to life and it is the duty of others to respect my
life and not to cause any harm to me.”

➢ Rights of a Citizen also implies Duties for him:

Rights are not the monopoly of a single individual. Everybody gets these equally. This means that “others
also have the same rights which I have, and it is my duty to see that others also enjoy their rights.” Laski
has rightly said that one man’s right is also his duty. It is my duty to respect the rights of others as well as
the duty to use my rights in the interest of society.

➢ Rights are to be used for Social Good:

Rights originate in society. Therefore, while enjoying rights, we must always try to promote social interest.
It is the duty of every one of us to use our rights for promoting the welfare of the society as a whole.

➢ Duty towards the State:

Since state protects and enforces rights, it also becomes the duty of all citizens to be loyal to the state. It
is their duty to obey the laws of the state and to pay taxes honestly. Citizens should always be ready to
defend the state. Thus a citizen has both Rights and Duties. He enjoys rights and performs his duties.
Rights and Duties are the two sides of the same coin.

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The freedom of expression

Freedom of expression is constrained by defamation laws, national security, and the need to maintain
public order. These limitations imply an individual's obligation to respect another's rights. Religious liberty
implies an obligation to respect all religions equally. Similarly, all rights imply some obligations in some
way. The eleven fundamental duties enshrined in the Indian Constitution include the obligation to respect
the Constitution of India, the National Flag, the National Anthem, and the national struggle for freedom, as
well as the obligation to safeguard India's sovereignty, unity, and integrity, natural environment, rich
heritage, composite culture, and public property, as well as the obligation to promote brotherhood,
scientific temper, education, and collective activity.
Other responsibilities include the following: staying informed about and participating in community issues;
obeying and respecting federal, state, and local laws; respecting the opinions and beliefs of others;
participating in community meetings; adhering to traffic rules; paying taxes on time; and, most importantly,
defending the country when necessary.

According to the Universal Declaration of Human Rights, "everyone owes obligations to the community in
which his or her personality can develop freely and fully." International conventions anticipated the
necessity and significance of rights and obligations coexisting. Without complementary fundamental rights
and obligations, it is impossible to establish deep roots of Democracy in a society. If everyone desires the
privilege of rights but no one desires the responsibility to fulfil obligations, government will devolve into
anarchy. Individual rights are analogous to pursuing benefits from development, while duties are
analogous to contributing to development. Individuals frequently disregard their obligations in favour of
pursuing only their rights.

The concept of a "Responsible Citizen" exemplifies what it means to be an individual who is responsible
enough to carry out his responsibilities while also exercising his rights. The beauty of a democratic
country is found in its balance of rights and responsibilities. This not only contributes to the development
of an individual's personality, but also to the overall development of the country. In general, the
relationship between rights and obligations is quite straightforward. We live in an interdependent world.

"As much as self-sufficiency is and should be the ideal of man, interdependence is and should be as well.
Human beings are social creatures." Mahatma Gandhi, Thus, it is self-evident that one's right is
necessary for another's duty. For someone to be able to exercise their rights, someone else must perform
their duties with the utmost obedience. Only then will we be able to protect our rights. Because regardless
of how good a constitution is, if we do not adhere to every word of it, it is as good as any piece of paper.
However, as correctly stated, "Constitutional morality is not a natural emotion." It must be nurtured."

Most jurisprudential discussions of the relationship between rights and duties in the field of law begin with
Wesley Hohfeld's analytical work, which argued that rights confer both a legal advantage (as 'claim
rights') and correlative duties (Hohfeld, 1923).

According to Hohfeld, because exercising a right entails requiring someone to act (or abstain from acting)
in a particular manner, the right must also impose some form of obligation. By applying Hohfeld to the
context of human rights, we can see that the state is charged with the correlative duty of a legal right. For
example, the ECHR right to life imposes a correlative negative duty on states to abstain from taking
individual lives (except in extremely limited circumstances). Correlations such as this one between a claim
right and a corresponding duty serve as a litmus test for determining whether a legal stipulation is a 'right
in the strict sense' (Hohfeld, 1923).

Human rights are viewed as the moral and political justification for the imposition of rights-based
obligations, and as such, rights take precedence over obligations (Eleftheriadis, 2008). In other words,
duties exist because rights provide the moral and political justification for their existence. Once human
rights are codified into law, this view holds that the logical precedence of rights over duties is accepted.

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Conclusion
In this light, it is critical to remember Dr B.R. Ambedkar's words in the Constituent Assembly, that the
fundamental unit of the Constitution is and will always be the individual. The definition of 'Duties' and the
debate that surrounds it should include the obligations of those in positions of power. Those in positions
of power should not use it to exploit those over whom they exercise control. Only after ensuring that
everyone receives the full measure of humanity, dignity, equality, and freedom guaranteed by the
Constitution can we ask them to perform their duties. Only after ensuring everyone's humanity, dignity,
equality, and liberty, as guaranteed by the Constitution, should the burden of 'following the duties' be
placed on citizens.

At this philosophical level, the notion that 'duties precede rights' or that rights are derived from duties (HC,
1998a, Straw; HC Committee, 1998b, Gummer) is incompatible with the liberal proposition that rights
must take precedence over duties. Asbjrn Eide, President of the Advisory Committee on the Council of
Europe's Framework Convention for the Protection of National Minorities, has argued that 'human duties
should be derived from human rights and their sole purpose should be to strengthen the respect for and
protection of human rights' (Eide, 1999). At the level of legal theory, unless duties are viewed as
correlatives of rights and are explicitly linked to established rights, they will imply a rejection of liberalism
(respect for the individual and an insistence that state coercion must be justified).

Reference:
https://www.legalserviceindia.com/legal/index.html
https://www.yourarticlelibrary.com/

Books:

Related Articles:
1. Rights: Meaning, Features and Types of Rights
2. Rights of Citizens: Civil Rights, Political Rights and Economic Rights
Reference:
• https://definitions.uslegal.com/d/duties-and-rights/ Monika,
• What Are Rights And Duties. 13 April 2019, https://blog.ipleaders.in/the-concept-of-rights-and-
duties/.
• Rights and Duties,https://www.drishtiias.com/daily-updates/daily-news-editorials/rights-and-
duties. Prof. Narender Kumar
• Constitutional Law Of India, (Allahabad Law Agency, Haryana 8th Edn., 2011). Dr. B.N. Tripathi,
Jurisprudence Legal theory (Allahabad Law Agency, Haryana, 7th Edn. 2010).

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