Relation between the Individual and

the State
Rights and Duties of a Citizen
• Rights arise in the society. They are the result of the social
nature of man. Without society there can be no rights.
• Rights are the necessary conditions for the personal, social,
economic, mental and moral development of man.
• In its social aspect, rights are the conditions which are
required for the development of society and social values.
• Rights are claims of individuals which are essential for their
development in the direction of the highest good of the
community.
• There can be no rights outside the society and rights cannot
be against social interest
• Every right has a corresponding obligation. My right
is your duty and your right is my duty. Rights without
duties are like men without shadows.
• A right is not a claim. The state does not create
rights. It simply maintains and coordinates those
rights which are socially recognized
• Hobhouse- Rights are ‘what we may expect from
others and others from us and all genuine rights
are conditions of social welfare’
• Salmond- ‘A legal right is an interest recognized
and protected by a rule of law, an interest the
violation of which would be a legal wrong and
respect for which is legal duty.
• Bosanquet-’ Rights are necessary to the
development of our lives in the direction of the
highest good of the community of which we are a
part.
• There are three distinct categories of rights.
• 1.Natural Rights
• 2.Moral Rights
• 3.Legal Rights.
• Legal Rights can be further classified into
• 1.Civil Rights
• 2.Political Rights
• 3.Economic Rights
• 1. Natural Rights:
• These rights which belong to men by nature.
• The exponents of the social contract theory-
Hobbes, Locke and Rousseau held that natural
rights existed in the state of nature i.e. prior to
the civil society.
• According to Green, natural rights can be
accepted only in the sense that they are
necessary for the moral development of man in
the society.
• Moral Rights :
• These rights are related to the individual sense of
conviction.
• They depend on the ethical standards of the
community.
• Moral rights cannot be enforced by the state.
They are sanctioned by the society and backed by
public opinion.
• Violation of moral right does not entail legal
punishment. Social sanctions may be imposed as
punishment.
• Legal Rights :
• A legal right is recognized and maintained by
the laws of the state and is enforceable by a
citizen in the court of law both against the
government and other citizens.
• Legal rights are our rights
• Legal rights are uniform and open to all,
irrespective of their caste, creed, or colour.
• 1. Civil Rights :
• Without civil rights civilized life not possible and they are
regarded as essential to the free and progressive life of
man.
• Civil rights are the indispensable conditions of civilized
existence. They are essential for decent life of an individual.
• These rights are recognized and guaranteed by the
constitution
• The right to life is regarded as fundamental to the concept
of civil rights. The first and foremost claim of every
individual is the security of his life.
• The right to personal security and freedom means
every individual’s claim to the safety of his life. In case
of unlawful imprisonment, an individual can move to
the court of his release.
• Right to freedom of speech and expression.
• The freedom of press is essential for the formation of a
healthy and balanced public opinion.
• The right to freedom of religion implies a secular state.
• The right to form associations and hold public meetings
is essential for people in the pursuit of their common
objectives.
• The right to property is regarded as an important civil
right.
• The freedom of movement is also regarded a civil
right. Right to education , Right to reputation, right
to constitutional safeguards etc
• Political Rights :
• These rights provide the opportunity to citizens to
participate in the affairs of the state and government.
These rights are the foundation of a democratic
government.
• The right to vote
• The right to contest
• The right to hold public offices
• The right to send petitions to the concerned
authorities.
• The right criticize and resist the state
• Economic Rights:
• These rights are the basis of civil and political
rights.
• Economic rights include the right to work, the
right to rest and leisure, the right to form trade
unions
• The communists advocate state ownership and
control of means of production for the welfare of
society.
• The liberals favor private ownership with
minimum restrictions.
• Provision of Safeguard for the Realization of Rights :
• 1.Constitutional protection and enforcement by the
Courts of law : Fundamental Rights must be a part of
the constitution. The Judiciary must enforce and
protect the rights enshrined in the constitution.
• 2. Rule of Law : Rule of law means equality before law.
Rule of law implies that there shall be no
discrimination among citizens on the basis of sex,
religion, caste, creed, wealth etc.
• Rule of law ensures personal liberty in that no person
can be detained or punished unless he is guilty by a
competent court of law.
• 3.A free and honest press :
• A free and honest press creates awareness in the
people, generates public opinion in defense of rights,
motivates the people to resist governmental despotism
etc.
• 4.Decentralization :
• 5.Separation of Powers
• 6.Public Opinion
• 7.Associations and Consultative agencies
• 8.Non intervention by state in the affairs of voluntary
associations
• Various theories regarding the nature and
origin of rights :
• 1.The theory of Natural Rights
• 2.The theory of Legal Rights
• 3.Historical theory of Rights
• 4. The Idealist theory of Rights
• 5.Social Welfare theory of Rights
• 6.The Marxist Theory of Rights
• 1.The Theory of Natural Rights :
• This theory can be traced to ancient Greece.
• This theory was treated most favorably by the social
contract theory.
• The theory of natural rights was at the peak of its
popularity during the seventeenth and the eighteenth
century.
• The American revolution was inspired by the concept of
natural rights.
• The French declaration of the Rights of Man held that men
are born free and equal in rights.
• The natural rights are those of liberty, property, security
and resistance to oppression.
• 2.The Legal Theory of Rights :
• This theory maintains that rights are the creation of the law
of the state.
• The state guarantees and enforces rights.
• This theory was first expounded by Hobbes.
• Rights are dynamic in that content may change with time
and situation
• The state has perform three functions in relation to rights-
• 1.Determine the rights accords to its citizens
• 2.Decide the extent to which these rights can be exercised
• 3.Ensure the maintenance of rights
• 3.Historical Theory of Rights :
• According to this theory, rights are the creation of
time based on usages, traditions and customs.
• Customs create rights and the state gives them
legal recognition.
• Edmund Burke was the leading exponent of this
theory. He believed that the rights are created by
prescription and they are the results of collective
wisdom and intelligence of a civilization.
• Customs and traditions which aim at common
good determine the rights of the individuals.
• 4.The Idealist Theory of Rights :
• This theory believed that rights were rooted in human
consciousness.
• A right is a moral claim based on rational will of man,
recognized by society and made legal by the law of the
state.
• The exponents of the theory hold that right of
personality as the supreme right of every individual.
• T.H.Green defined, “Human consciousness postulates
liberty, liberty involves rights and rights demand the
state.
• Social Welfare Theory of Rights :
• According to this theory, rights are the creation of
society and consideration of social welfare.
• Bentham regarded the principle of utility as the
basis of rights. Rights according to him create
conditions for the greatest good of the greatest
number.
• Rights are conditions of social good.
• Rights are beneficial for both the individual and
the society.
• 6.The Marxist Theory of Rights :
• To the Marxists rights had different purposes to serve
at different stages.
• The Marxists regard social and economic rights as more
essential to man.
• In the bourgeois state, rights were the special
privileges of the ruling class and they served the
interests of the capitalists.
• Marx believed that the rights of the proletariat could
be protected only under socialism
• The working class was to enjoy all civil and political
rights in the socialist stage.