This presentation talks about the interdependence of rights and duties in jurisprudence. It also mentions the views of SC and the role of state in the same.

1. THEINTERDEPENDENCE
OF
RIGHTSANDDUTIES

2. THE CONCEPT OF RIGHTS
“Arightisaninterestthatisprotectedby law.Tobeinteresting,it should
notonly be recognizedbutalsolegally recognized”
-SALMOND

3. The Hon’ble Supreme Court
explained the concept of legal
rights in the State of Rajasthan vs.
Union of India, AIR 1977-
“Legal rights are correlative of legal
duties and are defined as interests
which the law protects by imposing
corresponding duties on others”

4. FUNDAMENTAL RIGHTS
 Right to Equality (Article 14-18)
 Right to Freedom (Article 19-22)
 Right against Exploitation (Article 23-24)
 Right to Freedom of Religion (Article 25-28)
 Cultural and Educational Rights (Article 29-
30)
 Right to Constitutional Remedies (Article 32)
The basic human rights enshrined in the Constitution
of India which are guaranteed to all citizens.

6. ESSENTIAL ELEMENTS OF LEGAL RIGHTS
I. Subject -: The person in whom the right resides or the
person who is legally entitled to such right.
II. Object -: The thing over which the right is exercised.
III. Content -: The extent to which the subject (owner) of
the right can exercise his right over the thing.
IV. Subject -: The person against whom the
subject(owner) of right can exercise his/her rights.
V. Title -: The process by which the right is vested or
conferred. Examples include purchase, gift, lease etc.

7. SUPREME COURT ON THE ISSUES AROUND
RIGHTS
 KesavanandaBharatiSripadagalvaru& Ors. v. State of Kerala&
Anr. (WritPetition (Civil)135 of 1970)
 ManekaGandhiv. Union of India,AIR1978 SC 597
 Vishaka& Ors. v Stateof Rajasthan& Ors. ((1997)6 SCC 241)

8. THE CONCEPT OF
DUTIES
o The individual : the duty to not commit crime and
conduct themselves to reasonable standards.
o Society : to give the individual a platform to conduct
themselves freely and enjoy their rights, rights such as
right to trade, free movement, education, food.
o State : to act as a watchdog and use their powers to
ensure that citizens are aided however possible and given
adequate protection to enjoy their rights.
Any right an individual holds creates a range of
duties associated within the individual, wider society
and the state.

9. THE CONCEPT OF DUTIES :
AS PROPOUNDED BY JURISTS
 According to Keeton, responsibility isanact of restraintthat the stateenforcesabout a
rightthat belongs to another person and whose violation isbad.Every rightentails a
corresponding obligation, and viceversa.
 Salmond arguesthat aduty isan action that must beperformed, meaning that to do
otherwise would bewrong. Wrongsand obligations arerelated.Duty istheopposite of a
rightand issynonymous with having to perform something. Everytime aperson is
givenaduty bythelaw,that person isalso given thecorresponding right,according to
him.
 Prof. Diceyasserts that "adutyisaformof obligation. People follow itout of
complacency, respect,empathy, terror, and logic. Additionally, asaresult of moral,
societal, and psychological influences.TheState supports the majority of obligations. A
fineor prison sentence isimposed foradutyviolation

10. ABSOLUTE DUTIES
Austin listed four different
categories of absolute duties:
1. Duties To God That Are Not Owed To
Humans;
2. Duties To Unspecified Individuals Or The
General Public, Such As The Need To
Behave Properly.
3. Self-Regarding Obligations, Such As The
Obligation To Abstain From Alcohol Or
Suicide.
4. Responsibility To A State Or Sovereign

11. UNDERSTANDING THE DIFFERENT KINDS OF
DUTIES
Legal and moral duties – A legal duty is often
associated with a corresponding legal
punishment and is mandated and enforced by
law. A moral law however is created by the
society and culture to lubricate the cogs of
society.
Primary and secondary duties –
Primary duties are those which exist feely and
independently.
Secondary duties are those created by acting
on fulfilling a primary duty or not fulfilling it.

12. DUTIES UNDER THE INDIAN
CONSTITUTION
o The Indian Constitution contains the idea of duties as it is
understood in India in the form of Fundamental Duties under Part
IV-A.
o Added by the 42nd Constitutional Amendment Act of 1976,
which created Article 51-A.
o Lays out 11 fundamental duties for all Indian citizens to follow.
o Emphasizes that the duty of citizens is to uphold the Constitution's
principles, institutions, national anthem, and flag.
o Cannot be enforced in a court of law.
o The legislature, has the power to make these obligations laws and
impose fines and penalties for disobedience.
o The legal system's and citizens' proactive involvement in
identifying and upholding these obligations have been further
increased by the rise of judicial activism and the filing of public
interest lawsuits.

14. THE INTERDEPENDENCE OF RIGHTS AND DUTIES

15. THE INTERDEPENDENCE OF RIGHTS AND DUTIES

16. ROLE OF THE STATE
 Plays a pivotal role in the protectionof the
rightsof the disadvantagedgroupsof society.
 To explain wehave usedthe example of
people from themarginalisedcommunities.
 In a democracywhichfollows majoritarian
politics it is possible for minoritieswho might
not have asbig a population to experience
unfairsuffering.

17. ROLE OF THE STATE
Responsibility to create a platform where our rights can be
enforced through mechanisms like the Police, The Army,
Judiciary , other institutions
There are certain rights and duties attached to the entity of the
state too. The rights and duties attached to the state govern its
behaviour in the international forum in it’s conduct of
international business, military escalation and any other
interactions between two or more states. They also protect the
nation’s own sovereignty and the rights to self govern however
it sees fit free from interference of other nations.

18. RIGHTS AND DUTIES :
HOW ARE THEY ESSENTIAL FOR
DEMOCRACY
 Mahatma Gandhi in “Hind Swaraj” observed that
 “Real rights are a result of the performance of duty”.
 Interconnectedness of right and duty
 Existence of democracy
 Accountability.
 It enables us to speak for ourselves and what we desire from our
government. Also, it helps us in to choose a better leader to run the
government.
 To live a dignified life
 Being a citizen of a country if one aspires his/her rights so, he/she
should also understand his/her duties towards the nation.
 In a democracy duties are as important as rights, for the better
functioning of the government.
 Adherence to them would guarantee common fraternity, reinforce the
unity and dignity of the country and boost the quality of life and
democratic governance.

19. THANK YOU!