UPSC IAS - 2017

Which one of the following statements is correct?

Year Asked: 2017

A
Rights are claims of the State against the citizens.
B
Rights are privileges which are incorporated in the Constitution of a State.
C
Rights are claims of the citizens against the State.
D
Rights are privileges of a few citizens against the many.

Correct Answer

C. Rights are claims of the citizens against the State.

Detailed Explanation

The correct answer is C. Rights are claims that an individual makes against the State (and, in some cases, against other persons), and the State is bound to recognise and protect them. Their core feature is enforceability through courts. Article 32 and Article 226 let a citizen approach the Supreme Court or High Court when a Fundamental Right is violated.

  • A reverses the relationship. The State's claims on citizens are duties and obligations, such as paying taxes or obeying laws. They are not rights.
  • B confuses rights with privileges. A privilege is a concession that can be withdrawn at will. A right is a legally protected claim that exists regardless of the State's goodwill. Being written into a Constitution is not what makes something a right. Many democracies protect rights through ordinary law or convention.
  • D is the opposite of the democratic idea. Rights are universal and equal. Article 14 guarantees equality before law, so rights cannot be the privilege of a few against the many.

The concept ties to Part III of the Constitution and to the rights-duties debate, which is a recurring Mains theme. Thinkers such as Laski treat rights as conditions of social life, which is why the State must protect them rather than merely grant them.

Trap: Aspirants often pick B because rights do appear in the Constitution. Recognition in a document is not the definition. Rights are enforceable claims against the State.

This question appeared in UPSC Prelims 2017 GS Paper-1.

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