Question

UPSC Prelims 2017 Question:

Which one of the following statements is correct?

1. Rights are claims of the State against the citizens.
2. Rights are privileges which are incorporated in the Constitution of a State.
3. Rights are claims of the citizens against the State.
4. Rights are privileges of a few citizens against the many.

Answer (Detailed Solution Below)

Option 3: Rights are claims of the citizens against the State.

Detailed Solution

Explanation:

Rights can be classified as legal rights or statutory rights, which have been passed by the legislature, others can be constitutional rights which are all the rights enshrined in the constitution.
However, the most fundamental of them all are the rights enshrined in Part III of the Indian Constitution, these are called the Fundamental Rights.
Firstly, the rights are the claims of citizens against the State and secondly, rights also act as limitations on the powers of State to prevent tyranny of the executive and to ensure the Rule of Law

Therefore, option (3) is the correct answer.

Subject: Polity | Fundamental Rights

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