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Nature of Rights


Which one of the following statements is correct?


(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.


Solution: (c) Rights are claims of the citizens against the State.

  • Duties might be considered as  claims of the State against the citizens.  Because duties prescribe that some function to be performed by an individual.
  • Rights are not privileges which are incorporated in the Constitution of a State. Privileges are a form of favor are a discrimination to give preference to the well of. Royalty, Nobles, etc might be considered as examples of privilege seeking and using. 
  • Rights are claims of the citizens against the State. Rights by their very nature are limitations  upon the state. They are so that the individual can be unhindered by the state in an arbitrary manner. They prevent the state from becoming despotic and prevent absolute power.



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