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 reasonable 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.
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, the 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.