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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
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
53%
got it right
PROVENANCE & STUDY PATTERN
Full view
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

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 2
In constitutional law, are rights claims of the citizens against the State?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 99
Presence: 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 this source?
  • Explicitly states Fundamental Rights are a guarantee against State action and are available against the State.
  • Distinguishes constitutional remedies for state action from ordinary remedies for private violations, linking rights enforcement to the State.
Political Theory, Class XI (NCERT 2025 ed.) > Chapter 5: Rights > 5.3 LEGAL RIGHTS AND THE STATE > p. 72
Presence: 5/5
“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 this source?
  • Notes that several theorists define rights as claims recognised by the State, tying the concept of rights to state recognition.
  • Emphasises legal/constitutional recognition which positions rights as claims enforceable through state institutions.
Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > What are rights? > p. 78
Presence: 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 this source?
  • Describes rights as reasonable claims recognised by society and sanctioned by law, becoming enforceable once recognised.
  • States that citizens can approach courts to protect rights, indicating rights operate as claims enforceable against public authorities.
Statement 3
In constitutional law, are rights considered privileges?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
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
Presence: 5/5
“two opinions on the inclusion and protection of rights in the Constitution. The Constitution listed the rights that would be specially protected and called them 'fundamental rights'. The word fundamental suggests that these rights are so important that the Constitution has separately listed them and made special provisions for their protection. The Fundamental Rights are so important that the Constitution itself ensures that they are not violated by the government. Fundamental Rights are different from other rights available to us. While ordinary legal rights are protected and enforced by ordinary law, Fundamental Rights are protected and guaranteed by the constitution of the country.”
Why this source?
  • Explicitly distinguishes Fundamental Rights from other (ordinary) legal rights, showing rights have a special constitutional status.
  • Emphasises that Fundamental Rights are specially protected by the Constitution (not mere privileges).
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Meaning > p. 261
Presence: 4/5
“Parliamentary privileges are special rights, immunities and exemptions enjoyed by the TWO Houses of Parliament, their committees and their members. They are necessary in order to secure the independence and effectiveness of their actions. Without these privileges, the Houses neither maintain their authority, dignity and honour nor can protect their members from any obstruction in the discharge of their parliamentary responsibilities. The Constitution has also extended the parliamentary privileges to those persons. who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. These include the Attorney General of India and Union ministers.”
Why this source?
  • Defines 'parliamentary privileges' as special rights, immunities and exemptions enjoyed by Houses and members — a specific category separate from general rights.
  • Shows 'privileges' are functional tools to secure parliamentary independence, not synonyms for citizens' constitutional rights.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 249
Presence: 4/5
“Privileges are certain rights belonging to each House of Parliament collectively and some others belonging to the members individually, without which it would be impossible for either House to maintain its independence of action or the dignity of its position. Both the Houses of Parliament as well as of a State Legislature have similar privileges under our Constitution. Powers, Privileges and Immunities of Parliament and its Members. Clauses (1 )-(2) of Articles 105 and 194 of our Constitution deal only with two matters, viz., freedom of speech and right of publication.”
Why this source?
  • States privileges are certain rights belonging collectively to each House of Parliament or individually to members — indicating privileges are a distinct institutional class of rights.
  • Implies privileges are limited/special whereas other constitutional rights (e.g., fundamental rights) are protected differently.
Statement 4
In constitutional law, are rights incorporated in the Constitution of a State?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
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
Presence: 5/5
“two opinions on the inclusion and protection of rights in the Constitution. The Constitution listed the rights that would be specially protected and called them 'fundamental rights'. The word fundamental suggests that these rights are so important that the Constitution has separately listed them and made special provisions for their protection. The Fundamental Rights are so important that the Constitution itself ensures that they are not violated by the government. Fundamental Rights are different from other rights available to us. While ordinary legal rights are protected and enforced by ordinary law, Fundamental Rights are protected and guaranteed by the constitution of the country.”
Why this source?
  • Explicitly states the Constitution lists and specially protects 'fundamental rights' and makes special provisions for their protection.
  • Distinguishes fundamental (constitutional) rights from ordinary legal rights, implying incorporation in the constitution itself.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > SANCTION BEHIND DIRECTIVE PRINCIPLES > p. 111
Presence: 5/5
“Sir B.N. Rau, the Constitutional Advisor to the Constituent Assembly, recommended that the rights of an individual should be divided into two categories—justiciable and non-justiciable, which was accepted by the Drafting Committee. Consequently, the fundamental Rights, which are justiciable in nature, are incorporated in Part III and the Directive Principles, which are non-justiciable in nature, are incorporated in Part IV of the Constitution Though the Directive Principles are nonjusticiable, the Constitution (Article 37) makes it clear that 'these principles are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws'.”
Why this source?
  • Explains that fundamental rights are 'incorporated in Part III' of the Constitution, directly affirming constitutional incorporation.
  • Contrasts incorporated (justiciable) fundamental rights with non-justiciable Directive Principles (Part IV), clarifying placement within the text.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 4: OUTSTANDING FEATURES OF OUR CONSTITUTION > OUTSTANDING FEATURES OF OUR CONSTITUTION > p. 46
Presence: 4/5
“The idea of incorporating in the Constitution a "Bill of Rights" has been taken from the Constitution of the United States. But the guarantee of individual rights in our Constitution has been very carefully balanced with the need for the security of the State itself. American experience demonstrates that a written guarantee of fundamental rights has a tendency to engender an atomistic view towards society and the State which may at times prove to be dangerous to the common welfare. Of course. Instead of leaving the matter to the off-chance of judicial protection in particular cases, the Indian Constitution makes each of the fundamental rights subject to legislative control under the terms of the Constitution itself, apart from those exceptional cases where the interests of national security, integrity or welfare should exclude the application of fundamental rights altogether [Articles 3IA-31C]."”
Why this source?
  • Notes the idea of incorporating a 'Bill of Rights' into the Constitution was adopted (from the U.S.) and that Indian Constitution guarantees individual rights.
  • Indicates those guarantees are contained within the Constitution and subject to constitutional terms.
Statement 5
In constitutional law, are rights privileges of a few citizens against the many?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 4/5
"The Constitution recognises the privileges of Parliament and state legislatures under Articles 105 and 194, respectively."
Why this source?
  • States the Constitution explicitly recognises 'privileges' belonging to legislative bodies (Parliament and state legislatures), i.e., specific entitlements for a defined group.
  • Shows the term 'privileges' is used in constitutional context to denote special rights of particular institutions rather than general rights for all citizens.
Web source
Presence: 4/5
"Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament"
Why this source?
  • Provides that judges are 'entitled to such privileges and allowances' determined by law, indicating constitutionally conferred benefits on a specific office-holding group.
  • Demonstrates that constitutional provisions assign particular rights/privileges to a limited class (judges) rather than to the entire citizenry.
Web source
Presence: 5/5
"No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor ... in any court during his term of office."
Why this source?
  • Specifically bars criminal proceedings against the President or a Governor during their term, a constitutional immunity applying only to those officeholders.
  • This is a clear example of constitutionally granted protection (a privilege) afforded to a very small set of persons, supporting the idea of privileges for few.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2017 TEST PAPER > p. 751
Strength: 4/5
“Abolition of untouchability • 3. Protection of the interests of minorities • 4. Prohibition of employment of children in factories and mines Select the correct answer using the code given below: • (a) 1, 2 and 4 only • (b) 2, 3 and 4 only • (e) 1 and 4 only • (d) 1, 2, 3 and 4 4. 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.”
Why relevant

This snippet explicitly lists as an option the proposition that 'Rights are privileges of a few citizens against the many', showing it is a recognized (but contestable) definition to be evaluated.

How to extend

A student could compare this proposed definition with authoritative definitions in constitutions or textbooks to see if it matches prevailing doctrine.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 1: CONSTITUTION: WHY AND HOW? > So the third function of a constitution is to set some limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may never trespass them. > p. 6
Strength: 5/5
“Constitutions limit the power of government in many ways. The most common way of limiting the power of government is to specify certain fundamental rights that all of us possess as citizens and which no government can ever be allowed to violate. The exact content and interpretation of these rights varies from constitution to constitution. But most constitutions will protect a basic cluster of rights. Citizens will be protected from being arrested arbitrarily and for no reason. This is one basic limitation upon the power of government. Citizens will normally have the right to some basic liberties: to freedom of speech, freedom of conscience, freedom of association, freedom to conduct a trade or business etc.”
Why relevant

States that constitutions specify 'fundamental rights that all of us possess as citizens' which government may never violate, framing rights as universal limits on state power rather than privileges of a few.

How to extend

Use this general rule to check constitutions/world constitutions (e.g., bill of rights texts) to see whether rights are framed as universal or as special privileges.

Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > Bill of Rights > p. 28
Strength: 5/5
“Both these examples show the importance of having rights and of the actual implementation of these rights. A democracy must ensure that individuals have certain rights and that the government will always recognise these rights. Therefore it is often a practice in most democratic countries to list the rights of the citizens in the constitution itself. Such a list of rights mentioned and protected by the constitution is called the 'bill of rights'. A bill of rights prohibits government from thus acting against the rights of the individuals and ensures a remedy in case there is violation of these rights.”
Why relevant

Defines a 'bill of rights' as a list in the constitution that prohibits government action against individuals and ensures remedies—emphasizing rights as protections against the state, applicable to individuals generally.

How to extend

Compare how bills of rights in various countries describe beneficiaries (all citizens, persons, or specific groups) to judge universality vs exclusivity.

Political Theory, Class XI (NCERT 2025 ed.) > Chapter 8: Secularism > p. 122
Strength: 4/5
“What holds true of individuals also holds for communities. The most fundamental interest of minorities must not be harmed and must be protected by constitutional law. This is exactly how it is in the Indian Constitution. Minority rights are justified as long as these rights protect their fundamental interests. At this point someone might still say that minority rights are special privileges which come with some costs to others. Why then should such special privilege be given? This question can be best answered by another example. Consider that a film is being shown in an auditorium on the first floor.”
Why relevant

Acknowledges that minority rights might look like 'special privileges' but defends them as protections of fundamental interests, introducing a nuance between special protections and unjustified privileges.

How to extend

A student could distinguish between rights aimed at protecting vulnerable minorities and rights that truly privilege only a few, by examining purpose and scope in constitutional text/case law.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 249
Strength: 3/5
“Privileges are certain rights belonging to each House of Parliament collectively and some others belonging to the members individually, without which it would be impossible for either House to maintain its independence of action or the dignity of its position. Both the Houses of Parliament as well as of a State Legislature have similar privileges under our Constitution. Powers, Privileges and Immunities of Parliament and its Members. Clauses (1 )-(2) of Articles 105 and 194 of our Constitution deal only with two matters, viz., freedom of speech and right of publication.”
Why relevant

Explains 'privileges' as specific rights of Parliament and its members, establishing a technical distinction between parliamentary privileges and constitutional fundamental rights.

How to extend

Use this distinction to test the statement by checking whether the term 'privilege' in constitutions refers to institutional privileges rather than citizens' rights.

Pattern takeaway: UPSC consistently sets 2-3 questions from the 'Political Theory' NCERT (Class XI). These questions (like 'Liberty vs Law' in 2018, 'Rights vs Duties' in 2017) require conceptual clarity, not rote memorization of Articles. The pattern is: Definition -> Relationship -> Application.
How you should have studied
  1. [THE VERDICT]: Sitter. Direct definition from NCERT Class XI (Political Theory), Chapter 5 'Rights' and Class IX 'Democratic Politics'.
  2. [THE CONCEPTUAL TRIGGER]: The definition of Rights in a Liberal Democracy. The distinction between 'Rights' (universal entitlements) and 'Privileges' (special exemptions for a few).
  3. [THE HORIZONTAL EXPANSION]: 1. Negative Rights (Art 14-21, limits State) vs Positive Rights (Art 21A, demands State action). 2. Natural Rights (Locke: Life, Liberty, Property) vs Legal Rights (Bentham: Creation of Law). 3. Three Generations of Rights: Blue (Civil-Political), Red (Socio-Economic), Green (Group/Environmental). 4. Laski's Definition: 'Rights are those conditions of social life without which no man can seek to be himself at his best.'
  4. [THE STRATEGIC METACOGNITION]: Stop reading the Constitution as a lawyer (rules) and start reading it as a philosopher (purpose). UPSC asks 'What is X?' (Definition) before asking 'What is the Article for X?'. If you can't define Liberty, Equality, or Rights in one sentence, your foundation is shaky.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Fundamental rights are guarantees against State action
💡 The insight

Several references state that fundamental rights are enforceable protections against the State, not claims of the State against citizens.

High-yield for UPSC constitutional law questions: explains the basic direction of constitutional remedies and frames many factual questions about who can be sued or held liable. Mastering this clarifies linkage between Articles guaranteeing rights and the concept of 'state action', and helps answer MCQs and mains questions on enforcement and violations. Prepare by focusing on textbook definitions and the concept of state action.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 99
  • Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > How can we secure these rights? > p. 85
🔗 Anchor: "In constitutional law, are rights claims of the State against the citizens?"
📌 Adjacent topic to master
S1
👉 Rights as claims of persons recognised and sanctioned by law
💡 The insight

Textual references define rights as reasonable claims of persons that become enforceable once recognised and sanctioned by law.

Core conceptual idea for polity questions: distinguishes moral claims from legally enforceable rights and shows the role of legal recognition. Useful for questions on nature of rights, source of rights (constitution/law), and classification of rights. Study textbook definitions and examples where law converts claims into enforceable rights.

📚 Reading List :
  • Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > What are rights? > p. 78
  • Political Theory, Class XI (NCERT 2025 ed.) > Chapter 5: Rights > 5.3 LEGAL RIGHTS AND THE STATE > p. 72
🔗 Anchor: "In constitutional law, are rights claims of the State against the citizens?"
📌 Adjacent topic to master
S1
👉 Constitutional recognition, remedies and the State's duties vs citizens' duties
💡 The insight

References highlight constitutional entrenchment of rights, the right to constitutional remedies, and that duties of the State appear as Directive Principles while citizens' duties are separate.

Important for UPSC: ties together enforcement (right to remedies), hierarchy (constitutional status), and distinction between State obligations and citizens' duties. Frequently tested in both prelims and mains on remedies, Directive Principles, and fundamental duties. Study constitutional provisions and textbook exposition of remedies and DPSPs.

📚 Reading List :
  • Political Theory, Class XI (NCERT 2025 ed.) > Chapter 5: Rights > 5.3 LEGAL RIGHTS AND THE STATE > p. 71
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 10: Fundamental Duties > Fundamental Duties > p. 119
  • Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > How can we secure these rights? > p. 85
🔗 Anchor: "In constitutional law, are rights claims of the State against the citizens?"
📌 Adjacent topic to master
S2
👉 Fundamental Rights as guarantees against State action
💡 The insight

Directly follows from the view that constitutional (fundamental) rights protect individuals from state action and provide constitutional remedies.

High-yield for UPSC Polity: questions often ask the nature and scope of Fundamental Rights, state obligations, and remedies. Mastering this helps answer distinctions between constitutional vs ordinary remedies, scope of state liability, and landmark case issues. Prepare by studying textual references and applied examples of state action vs private action.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 99
🔗 Anchor: "In constitutional law, are rights claims of the citizens against the State?"
📌 Adjacent topic to master
S2
👉 Rights as claims recognised and sanctioned by the State
💡 The insight

Several references define rights as claims that gain legal force when recognised by the state or constitution.

Important for understanding why constitutional recognition matters (e.g., Fundamental Rights) and for answering questions on legal vs moral rights, enforceability, and the role of constitutions. Link this to Directive Principles and statutory rights while practising MCQs and answer-writing that contrast moral claims with legally enforceable rights.

📚 Reading List :
  • Political Theory, Class XI (NCERT 2025 ed.) > Chapter 5: Rights > 5.3 LEGAL RIGHTS AND THE STATE > p. 72
  • Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > What are rights? > p. 78
🔗 Anchor: "In constitutional law, are rights claims of the citizens against the State?"
📌 Adjacent topic to master
S2
👉 State duty to protect rights and distinction from private violations
💡 The insight

Sources note the state's duty to protect rights and that constitutional remedies target state action, not always private wrongdoing.

Useful for questions on remedies, horizontal application of rights, and limitations on constitutional enforcement. Candidates should be able to explain when constitutional remedies apply, how courts expand rights, and where ordinary legal remedies suffice. Study constitutional text plus examples of court expansion and limitations.

📚 Reading List :
  • 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
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 99
🔗 Anchor: "In constitutional law, are rights claims of the citizens against the State?"
📌 Adjacent topic to master
S3
👉 Fundamental rights vs ordinary legal rights
💡 The insight

References contrast 'Fundamental Rights' (constitutionally guaranteed) with ordinary legal/constitutional rights, directly relevant to whether rights = privileges.

High-yield for UPSC: questions often ask distinctions between types of rights, their source and protection. Mastering this clarifies scope of judicial remedies, amendment limits and classification questions. Prepare by comparing Part III rights with statutory/constitutional rights in other parts and practising fact-pattern distinctions.

📚 Reading List :
  • 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
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > RIGHTS OUTSIDE PART III > p. 106
🔗 Anchor: "In constitutional law, are rights considered privileges?"
🌑 The Hidden Trap

The 'Paradox of Rights': While rights are claims *against* the State (to limit its power), they simultaneously require the State's machinery for enforcement (to protect you from others). The logical next question is the 'Correlativity of Rights and Duties' (Gandhi's view: Rights are fruits of duties performed) or the distinction between 'Human Rights' (inherent) and 'Fundamental Rights' (guaranteed).

⚡ Elimination Cheat Code

Apply 'Democratic Logic': In a democracy, the State is the servant, and the Citizen is the master.
- Option A (State claims against Citizen) = Totalitarianism (North Korea). Eliminate.
- Option B & D (Privileges) = Feudalism/Aristocracy (Inequality). The Constitution aims for Equality (Art 14). Eliminate.
- Option C is the only one fitting a Constitutional Democracy.

🔗 Mains Connection

Mains GS-4 (Ethics) & GS-2 (Polity): This definition underpins the 'Social Contract Theory' (Hobbes/Locke). Citizens surrender absolute freedom to the State in exchange for the protection of specific 'Claims' (Rights). If the State fails to honor these claims (e.g., arbitrary arrests), the contract is violated, justifying Civil Disobedience (a key Ethics case study theme).

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SIMILAR QUESTIONS

NDA-I · 2018 · Q72 Relevance score: 3.42

Which one of the following statements about the Olympe de Gouges (1748-1793) is correct?

CDS-I · 2003 · Q5 Relevance score: 2.75

Consider the following statements : The Fundamental Rights under the Indian Constitution are fundamental because I. they are protected and enforced by the Constitution. II. they can be suspended only in the manner prescribed, by the Constitution. III. they are enforceable against the State. IV. they cannot be amended. Which of these statements are correct?

IAS · 2014 · Q59 Relevance score: 2.64

Consider the following statements : A Constitutional Government is one which 1. places effective restrictions on individual liberty in the interest of State Authority 2. places effective restrictions on the Authority of the State in the interest of individual liberty Which of the statements given above is/are correct?