Previous Year Question
Which one of the following statements is correct?
Rights are claims of the State against the citizens.
Rights are privileges which are incorporated in the Constitution of a State.
Rights are claims of the citizens against the State.
Rights are privileges of a few citizens against the many.
Correct Answer: C
Detailed Solution
Rights are justified and recognised claims of individuals or citizens that society accepts and the State recognises and protects through law. In a constitutional democracy, rights primarily protect citizens against arbitrary State action and provide a basis for requiring the State to perform certain necessary functions.
Therefore, rights are claims of citizens against the State.
Rights generally involve two forms of claims:
Negative claim: The State must not unjustifiably interfere with individual liberty, such as freedom of expression or movement.
Positive claim: The State must provide institutions, protection or facilities necessary for the effective enjoyment of a right, such as constitutional remedies and free elementary education.
Assessment of the options:
Option (a) is incorrect. The State may possess constitutional and statutory powers against citizens, but these powers are not called citizens’ rights. Citizens may instead owe duties and legal obligations.
Option (b) is incorrect. Rights are not privileges. A privilege may be a special advantage granted to a limited person or group, whereas a right is a recognised claim based on equality, dignity and justice. Moreover, all legal rights need not be written in the Constitution; some arise from ordinary legislation.
Option (c) is correct. Citizens can rely upon rights to demand that the State refrain from unjust interference, provide equal treatment and perform its constitutional obligations.
Option (d) is incorrect. Rights are not special advantages enjoyed by a few citizens against the majority. Their purpose is to protect the liberty, equality and dignity of every individual.
Examples under the Indian Constitution include:
Article 14 supports a claim to equality before law.
Article 19 guarantees specified freedoms to citizens.
Article 21 protects the life and personal liberty of every person.
Article 32 provides the right to approach the Supreme Court for enforcement of Fundamental Rights.
Not all Fundamental Rights are confined to citizens. Rights under Articles 14 and 21 are available to all persons, while Article 19 is restricted to citizens. Certain rights, including those under Articles 15(2), 17, 23 and 24, may also operate against private individuals.
Therefore, among the given options, the correct statement is that rights are claims of citizens against the State.