Amity University Rajasthan
Political Science Assignment
Name: Jasmeen
Course: B.A.LLB(H)
Enrollment no.: A21511123050
CONCEPT OF RIGHT
Introduction
The concept of “right” is a fundamental aspect of political science and law, shaping the
relationship between individuals, society, and the state. In political science, rights are seen as
claims recognized by society and enforced by the state, ensuring individual freedoms and
social justice. In legal discourse, rights are legally enforceable entitlements that provide
individuals with specific freedoms and protections. The development of rights has evolved
through philosophical debates, constitutional frameworks, and judicial interpretations,
making it an essential topic in both disciplines.
This essay explores the concept of right from a political and legal perspective, discussing its
meaning, types, philosophical underpinnings, and relevance in contemporary society. It also
examines the legal enforcement of rights through constitutional provisions and case laws.
Definition and Meaning of Rights
In political science, rights are understood as moral or legal entitlements that individuals
possess within a political community. They are essential for human dignity, social order, and
democratic governance. Rights allow individuals to exercise their freedoms while ensuring
societal harmony.
From a legal perspective, a right is a legally protected interest that grants an individual the
ability to perform certain actions or expect certain treatments from others, including the state.
Legal rights are enforceable through courts and constitutional mechanisms.
Philosophers such as John Locke, Jean-Jacques Rousseau, and Immanuel Kant have
contributed significantly to the understanding of rights, arguing that they originate from
natural law, social contracts, or moral reasoning.
Hohfeldian Analysis of Rights
American jurist Wesley Newcomb Hohfeld provided a significant analytical framework to
understand the nature of rights in legal jurisprudence. He categorized rights into four key
elements:
1. Claim Rights – Entitle a person to make demands from others.
2. Liberty Rights – Allow an individual to act freely without interference.
3. Power Rights – Enable individuals to alter their legal status.
4. Immunity Rights – Prevent others from altering an individual’s legal position.
Hohfeld’s framework highlights the complexity of rights and their enforceability within legal
systems.
Types of Rights
1. Natural Rights
Natural rights are inherent and inalienable, believed to be granted by nature or divine
authority. Thinkers like John Locke argued that individuals possess life, liberty, and property
as natural rights. These rights are universal and exist independent of governmental
recognition.
2. Legal Rights
Legal rights are conferred by the legal system of a country. They vary from state to state and
can be modified or revoked by legislation. Examples include the right to vote, right to
property, and contract rights.
3. Moral Rights
Moral rights are based on ethical principles and societal values. They may not be legally
enforceable but serve as the foundation for legal rights. For instance, the right to dignity is a
moral right that influences legal frameworks such as human rights laws.
4. Civil Rights
Civil rights protect individuals from discrimination and ensure equal treatment. These rights
are crucial in democratic societies and include the right to equality, freedom of speech, and
the right to a fair trial.
5. Political Rights
Political rights enable individuals to participate in the governance of their country. These
include the right to vote, contest elections, and form political parties.
6. Economic and Social Rights
Economic and social rights focus on improving living conditions and ensuring social justice.
Examples include the right to education, right to health, and right to work.
7. Fundamental Rights
Fundamental rights are constitutionally guaranteed rights that are enforceable against the
state. In India, these rights are enshrined in Part III of the Constitution and include the right to
equality (Article 14), right to freedom (Article 19), and right to life and personal liberty
(Article 21).
The Legal Perspective on Rights
Legal rights are codified within constitutional frameworks, statutes, and judicial
interpretations. Courts play a crucial role in protecting and interpreting these rights. The
Indian judiciary, particularly the Supreme Court, has expanded the scope of rights through
progressive judgments.
Judicial Interpretation of Rights in India
1. Right to Life and Personal Liberty (Article 21)
Article 21 of the Indian Constitution states that “No person shall be deprived of his life or
personal liberty except according to procedure established by law.” Over time, the Supreme
Court has broadened the interpretation of this right to include various aspects of human
dignity.
• Maneka Gandhi v. Union of India (1978) – The Supreme Court held that the right to life
includes not just mere animal existence but also the right to live with dignity. It also
established the principle of due process in Indian law.
• Francis Coralie Mullin v. Administrator, UT of Delhi (1981) – The Court ruled that the
right to life includes the right to live with human dignity, encompassing access to nutrition,
shelter, and healthcare.
2. Right to Privacy
• K.S. Puttaswamy v. Union of India (2017) – The Supreme Court recognized the right to
privacy as an intrinsic part of the right to life and personal liberty under Article 21.
3. Right to Equality (Article 14)
• E.P. Royappa v. State of Tamil Nadu (1974) – The Court held that equality is a dynamic
concept and includes fairness, justice, and the rule of law.
4. Right to Freedom of Speech and Expression (Article 19(1)(a))
• Shreya Singhal v. Union of India (2015) – The Supreme Court struck down Section 66A of
the IT Act, which criminalized online speech, holding it unconstitutional for violating free
speech rights.
The Importance of Rights in a Welfare State
A welfare state is based on the principle of ensuring social justice and equitable access to
resources. Rights play a crucial role in achieving these objectives by ensuring human dignity
and protection against state oppression, providing a framework for democratic governance
and participation, enabling access to social and economic justice through state policies, and
facilitating judicial activism in safeguarding constitutional principles.
In India, the Directive Principles of State Policy (Part IV of the Constitution) complement
fundamental rights by directing the state to secure social and economic welfare for all
citizens.
Contemporary Challenges to Rights
Despite constitutional safeguards, rights continue to face challenges. State surveillance and
privacy concerns are increasing, leading to a conflict between national security and individual
rights. Balancing freedom of speech with restrictions on hate speech remains a complex
issue. Socioeconomic disparities limit the real-world applicability of rights like education and
healthcare. The rise of technology presents new challenges related to digital rights and
internet freedom.
Conclusion
The concept of rights remains a cornerstone of political and legal thought, ensuring the
protection of individual liberties and social justice. Political science examines rights as moral
and societal claims, while law provides the framework for their enforcement. The evolution
of rights through judicial interpretations has strengthened democratic values and human
dignity. However, new challenges necessitate continuous legal and political reforms to
safeguard and expand these rights in the modern era.
The judiciary plays an essential role in upholding fundamental rights, as seen in landmark
judgments that redefine liberties in response to contemporary challenges. A well-functioning
legal system ensures that rights are not just theoretical concepts but practical guarantees for
every individual. Rights are not static but evolve with society’s changing needs. A vigilant
legal system and an engaged citizenry are crucial for preserving and expanding these
essential freedoms.
