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Q8 (IAS/2017) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Fundamental Rights framework Official Key

Which one of the following statements is correct ?

Result
Your answer: —  ·  Correct: C
Explanation

The correct answer is option C because rights are fundamentally claims of citizens against the State.

Rights guaranteed by fundamental rights provisions are available against the state, not against private individuals[1]. Rights are reasonable claims of persons recognised by society and sanctioned by law[2], and when the government does not respect these rights, it constitutes a violation, and citizens can approach courts to protect their rights[2].

Option A is incorrect because rights protect citizens from the State, not the other way around. Option B is partially misleading because while Fundamental Rights are different from ordinary legal rights and are protected by the constitution, they are not merely "privileges" but constitutionally guaranteed protections[3]. The term "privileges" has a different constitutional meaning, referring to special rights and immunities enjoyed by Parliament and its members to secure their independence[4]. Option D is incorrect as rights are universal entitlements for all citizens, not privileges for a select few.

Sources
  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 99
  2. [2] Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > What are rights? > p. 78
  3. [3] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > FUNDAMENTAL RIGHTS IN THE INDIAN CONSTITUTION > p. 29
  4. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Meaning > p. 261
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PROVENANCE & STUDY PATTERN
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Which one of the following statements is correct ? [A] Rights are claims of the State against the citizens. [B] Rights are privileges w…
At a glance
Origin: Books + Current Affairs Fairness: Moderate fairness Books / CA: 6/10 · 4/10
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This is a classic 'Political Theory' question, not a 'Polity' question. It tests your understanding of the State-Citizen relationship (Social Contract) rather than specific Articles. It is a direct conceptual lift from NCERT Class XI Political Theory, proving that skipping the 'theory' books for Laxmikanth is a fatal error.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
In constitutional law, are rights claims of the State against the citizens?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"Thus, under Article 15 (2), citizens are to be protected from discrimination not just from the state but also private citizens in their access to public spaces."
Why this source?
  • Explains Article 15(2) protects citizens from discrimination by the state and by private citizens.
  • This frames constitutional rights as protections owed to citizens (claims citizens can make against the state), not claims of the state against citizens.
Web source
Presence: 4/5
"resolving disputes that involve either a conflict between two rights claims or between a right and a legitimate government interest."
Why this source?
  • Describes legal disputes involving conflicts between rights claims and legitimate government interests.
  • This indicates rights function as claims that can be asserted against the government, showing rights are not primarily claims of the State against citizens.
Web source
Presence: 4/5
"the citizens.—The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."
Why this source?
  • States affirmative obligations of the State (e.g., 'The State shall endeavour to secure for the citizens...').
  • Such constitutional duties imply rights of citizens that the State must honour — i.e., rights as claims citizens hold against the State.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 99
Strength: 5/5
“Though , the individual rights guaranteed by Article 19 are, in general, binding upon both the Executive and the Legislature, these "authorities" are permitted by the Constitution to make valid exceptions to the rights within limits imposed by the Constitution Fundamental Rights--a guarantee against State action. All the above rights are available against the state. It is no", settled that the rights which are guaranteed by Articles 19,34 and 21~are guaranteed against state action as distinguished from violation of such rights by private individuals. In case of violation of such rights by individuals, the ordinary legal remedies may be available but not the constitutional remedies. ,"State action", in this context, must, however, be understood in a wider sense.”
Why relevant

States these rights are a 'guarantee against State action' and 'all the above rights are available against the state', implying rights are enforceable by individuals against the State.

How to extend

A student could combine this with the basic constitutional idea that remedies and injunctions are sought from courts against government acts to test whether rights are claims by citizens against the State rather than vice versa.

Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > How can we secure these rights? > p. 85
Strength: 5/5
“If rights are like guarantees, they are of no use if there is no one to honour them. The fundamental rights in the Constitution are important because they are enforceable. We have a right to seek the enforcement of the above mentioned rights. This is called the Right to Constitutional Remedies. This itself is a Fundamental Right. This right makes other rights effective. It is possible that sometimes our rights may be violated by fellow citizens, private bodies or by the government. Fundamental Rights are guaranteed against the actions of the Legislatures, the Executive, and any other authorities instituted by the government.”
Why relevant

Explicitly says Fundamental Rights are guaranteed against actions of the Legislature, Executive, and other authorities instituted by the government.

How to extend

Using basic knowledge of separation of powers and judicial review, a student could infer these guarantees function as citizens' claims enforceable against state organs.

Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > What are rights? > p. 78
Strength: 4/5
“When law recognises some claims they become enforceable. We can then demand their application. When fellow citizens or the government do not respect these rights we call it violation or infringement of our rights. In such circumstances citizens can approach courts to protect their rights. So, if we want to call any claim a right, it has to have these three qualities. Rights are reasonable claims of persons recognised by society and sanctioned by law.”
Why relevant

Defines rights as 'reasonable claims of persons recognised by society and sanctioned by law', framing rights as claims held by persons (not the State).

How to extend

A student could contrast this definition with the statement to judge that rights are personal claims (citizens) and then check constitutional text/precedents to confirm.

Political Theory, Class XI (NCERT 2025 ed.) > Chapter 5: Rights > 5.3 LEGAL RIGHTS AND THE STATE > p. 72
Strength: 4/5
“Rights Rights those which are considered to be of basic importance. In some cases these may be supplemented by claims which gain importance because of the particular history and customs of a country. In India, for instance, we have a provision to ban untouchability which draws attention to a traditional social practice in the country. So important is the legal and constitutional recognition of our claims that several theorists define rights as claims that are recognised by the state. The legal endorsement certainly gives our rights a special status in society but it is not the basis on which rights are claimed.”
Why relevant

Notes theorists define rights as claims 'recognised by the state', indicating the State's role is to recognize/enforce citizens' claims rather than being the claimant.

How to extend

A student could use this rule to interpret constitutional structures: if the state recognises rights, it is the object/guarantor of citizens' claims, not the claimant against them.

India and the Contemporary World - I. History-Class IX . NCERT(Revised ed 2025) > Chapter 1: The French Revolution > 2.1 France Becomes a Constitutional Monarchy > p. 11
Strength: 3/5
“The Constitution began with a Declaration of the Rights of Man and Citizen. Rights such as the right to life, freedom of speech, freedom of opinion, equality before law, were established as 'natural and inalienable' rights, that is, they belonged to each human being by birth and could not be taken away. It was the duty of the state to protect each citizen's natural rights.”
Why relevant

States it was the duty of the State to protect citizens' natural rights, framing the State as protector of individual rights.

How to extend

A student could extend this by checking whether constitutions typically impose duties on the State to safeguard rights, suggesting rights are held by persons and protected from State infringement.

Statement analysis

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Statement analysis

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Statement analysis

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Statement analysis

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