Question 39 from UPSC CSE 2017 - Polity and
Governance

Question

Which one of the following statements is correct?

IASCODEX · Accepted Answer

Correct Option: C. Rights are claims of the citizens against the State.

Strategy: Evaluate each option based on the fundamental relationship between a citizen and the state regarding rights.

- Option (a) is incorrect as it reverses this relationship.
- Option (d) is incorrect because it describes privileges, not rights.
- Option (b) is flawed as it uses the term 'privileges' and incorrectly limits rights to those in the Constitution.
- Option (c) is correct because it accurately defines rights as claims made by citizens that the state has a duty to uphold.

Key Info: ## Concept of Rights

Rights are legal, social, or ethical principles of freedom or entitlement; they are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. In political theory, particularly within a democratic framework, rights are primarily understood as justifiable claims that individuals and groups can make upon the state or upon society.

- **Rights as Claims against the State:** This is the most widely accepted definition in modern political science. It posits that rights impose a negative or positive obligation on the state.
    - **Negative Rights:** Require the state to *refrain* from certain actions, such as interfering with freedom of speech or religion. The state's duty is not to act.
    - **Positive Rights:** Require the state to *provide* certain goods or services, such as the right to education, healthcare, or employment. The state's duty is to act.

- **Distinction from Privileges:** A key distinction is that rights are entitlements held by all citizens universally and equally. In contrast, a privilege is a special advantage, immunity, or benefit granted to a specific person or group, and it can be revoked. Options (b) and (d) incorrectly use the term 'privileges'.

- **Classification of Rights:**
    - **Natural Rights:** Considered inherent to human beings and not dependent on laws or government. Philosophers like John Locke identified them as life, liberty, and property.
    - **Legal Rights:** Rights that are recognized and protected by the legal system of a state.
        - **Fundamental Rights:** A subset of legal rights enshrined in a country's Constitution, making them paramount and often justiciable. In India, they are detailed in Part III (Articles 12-35) of the Constitution.
        - **Statutory Rights:** Rights granted by ordinary laws (statutes) passed by the legislature, such as the Right to Information (RTI Act, 2005) or the right to work under MGNREGA.

- **Harold Laski's Definition:** A famous definition by political theorist Harold Laski states, "Rights are those conditions of social life without which no man can seek, in general, to be himself at his best." This emphasizes that rights are essential for human development and self-fulfillment.

IASCODEX · Answer

Option A: Rights are claims of the State against the citizens.

IASCODEX · Answer

Option B: Rights are privileges which are incorporated in the Constitution of a State.

IASCODEX · Answer

Option D: Rights are privileges of a few citizens against the many.