JURISPRUDENTIAL BASIS OF THE RIGHT TO IMPOSE DUTY

To understand the jurisprudential basis of right to impose duty on others it is first imperative to
understand the usage of the terms rights, duties and the relationship between them
Relationship Between Rights And Duties
As a working definition, let us suggest that a jural right is a relation existing between two persons when society
commands that the second of these two shall conduct himself in a certain way (to act or to forbear) for the
benefit of the first. A "right" exists when its possessor has the aid of some organized governmental society in
controlling the conduct of another person. The first is said to have a "right" against the second and the latter
"duty" to the first.1

It is debatable question whether rights and duties are necessarily co relative. According to one
view, every right has a corresponding duty.2 Therefore, there can be no duty unless there is
someone to whom it is due. There can be no right without a corresponding duty or a duty without
a corresponding right, just as there cannot be parent without a child. Every duty is a duty towards
some person or persons in whom a corresponding right is vested. Likewise, every right is right
against some person or persons upon whom a co relative duty is imposed. Every right or duty
involves a vinculum juris or of legal obligation by which two or more persons are bound
together. There can be no duty unless there is someone to whom it is due. Likewise, there can be
no right unless there is someone from whom it is claimed.3
According to Holland, every right implies the active or passive forbearance by others of the
wishes of the party having the right. The forbearance on the part of others is called a duty. A
moral duty is that which is demanded by the public opinion of society and a legal duty is that
which is enforced by the power of the state.
The view of Salmond is that rights and duties are co relatives. If there are are duties
towards the public, there are rights as well. There can be no duty unless there is
some person to whom that duty is due. Every right or duty involves a bond of
obligation.
Rights and duties are two phases of the same thing. Rights are considered to be
essential for the expansion of human personality. They offer to the individual a
sufficient scope for free action and thus prepare ground for self-development.

1 Rights and Duties, Arthur Corbin, Yale Law School

2 Hohfeld emphasised that there cannot be a right without a duty.

3 V.D. Mahajans jurisprudence & legal theory, eastern book company, pg

Although rights arc of great significance in a democratic stale yet they become
meaningless in the absence of duties. Rights involve obligations as well.
An individual has rights so that he may make his contribution to the social good.
One has no right to act unsocially, mans rights imply his claims on society and
duties indicate the claim of society on the individual. This means that an individual
owes to the society certain duties as he obtains rights.
According to Prof. Laski there is a four-fold connection between rights and duties.
1. My Right implies Your Duty:
Every right of an individual involves a corresponding duty of others. For example,
my right to life implies that others should give protection and security to my life.
My right to move about freely implies a corresponding duty resting on others that
they should not interfere with my free movement.
2. My Rights imply My Duty to admit a similar Right of others:
The conditions of life which I need for myself arc also needed by others. This
indicates that every right is a duty in itself. If an individual exercises a right, he must
bear in mind that the same right belongs to others as well.
If I have the right to freedom of speech, it is my duty to see that I may not be a
hindrance in the free exercise of this right by others.
3.I should exercise My Right to promote Social Good:
A person He guarantees the rights to the majority in the society to remove the
should not abuse the right given to him by the State.
For example, if he uses the right to freedom of speech for spreading communal
bitterness or society cannot deprive man of these rights; these are inherent and to
preach violence and anarchy, it becomes an act counter to the social alienable
rights, good. The state will then be justified in depriving the person of his right if he
has abused it.
4. Since the State guarantees and maintains My Rights, I have the Duty to support
the State:
The state is the agency for social good and it is the duty of an individual to perform
ones duties honestly.
The above-mentioned relations between rights and duties, there for clearly prove
that rights and duties go hand in hand. A healthy civic li] is impossible without the

co-existence of rights and duties. Rights without duties have no meaning and duties
without rights have no sense.4
The Indian Constitution is one of the largest written Constitutions, drafted after the
path breaking and epoch-making French Revolution, American Revolution and
Russian Revolution. It also came after Industrial revolution in Europe, the Liberal
Thinkers and their Ideas. And it had been framed long after the Unification of the
German and Italian Nations by Bismarck and Garibaldi. Therefore, every Progressive
and Noble Thoughts of the World have been adopted and built into Indian
Constitution. And in the words of Baba Saheb, framer of the Constitution not to do
so would have only been irrational. The Indian Constitution, naturally had derived a
lot from the unwritten British Constitution. It had adopted the British Parliamentary
System, British Legal System and Principles of Administration. And it had also
incorporated many main Provisions drawn from various Govt of India Acts made by
the Imperial British for India and Indian People, and to the British Colonial Govt in
India for its Governance. Those were only to be expected.
The Rights Freedoms and Duties of the Individuals, as Citizens of the Country, had
been built into the Constitution in various Parts Chapters and Articles. It will be a
Study of the whole Constitution, all the Parts, Articles and Schedules, if we are to
talk of all the Rights and Duties. For almost all the Articles and Provisions such as
the Preamble and Schedule hold many promises and hopes to the Citizens, and
even to other Individuals. Some of the Rights are specific and special for specified
segments of the Society, otherwise marginalised discriminated exploited and
suppressed. These are specifically in addition, and apart from those clearly laid out,
as the Rights and Duties of all Citizens.
The Rights one can derive, depends upon the way the People or Individual agitate
demand legislate and govern themselves, before the authorities, the political
parties, elected peoples representatives, in the Legislatives and Parliament, before
the political executives in the Government, and ultimately before the Government
and Courts. However, the significant and apparently clear Rights and Duties are,
specifically discussed below.
Fundamental rights
The Constitution has been made by Indians for Indians and their Government.
Sovereignty of the Nation lies with the People. In fact it is the People, who give the
Rights to others, to all Institutions public and private, every individual in the Country
Citizens or not, and to themselves. The People also provide the Directions to the
Government, the Political Parties and their Members, who come forward to
represent them, and help Govern the Nation.
The Rights start from the Right to
1. Citizenship of the Country

4 3 http://www.preservearticles.com

2. The hopes and expectations that flow from Part IV DIRECTIVE PRINCIPLES OF
STATE POLICY
However, the Constitution Part IV on Directive Principles of State Policy, is only a
Directive and guideline for the State, Parliament and Legislatives, Political
Executives, government, the bureaucracy and planners, and to the people. The
directive principles of state policy, do not give any direct rights and powers to the
individuals. People cannot, in the normal circumstances go to courts to demand any
of the directive principles of state policy, as their Rights or Dues, or ask the Courts
to enforce them.
Apart from these there are specific Fundamental Rights. They are large, specific,
significant, essential and important to any Citizen in any part of the Country. In fact,
most of these are needed by any Citizen of any Nation living in any part of the
World.
The Fundamental Rights are contained in exclusive Part III of the Constitution. They
are the
1. Right to Equality Articles 14, 15, 16, 17 and 18
2. Right to Freedom Articles 19 to 22
3. Right against Exploitation Articles 23 and 24
4. Right to Freedom of Religion Articles 25 to 28
5. Cultural and Educational Rights Articles 29 and 30
6. Right to Constitutional Remedies Articles 32 to 35
Right to Property and the concerned Article 31 relating to Compulsory acquisition of
property was omitted and repealed by the Constitution (Forty-fourth Amendment)
Act 1978.
Saving of Certain Laws, with related Articles 31A to 31 D were added by various
Constitutional Amendments. However, Article 31 D Saving of Laws in respect of
Anti-National Activities was subsequently repealed by the Constitutional (Forty-third
Amendment) Act of 1977.
Rights have no meaning at all, unless one can force those others, or authorities or
the Government to give the Rights being denied, withheld or delayed, deliberately
or otherwise, to yield and give the rights. Or one should be able ask or force the
Govt and other authorities to intervene, and ensure or force those who are denying,
withholding or standing in the way of the Rights, discipline them, and get the
Rights. Hence, the Constitution provides, vide Article 32, remedies for enforcement
of Rights conferred by this Part. This Article 32, in fact is the most important
provision of the Constitution, forming part of Part III on Fundamental Rights. It
provides every Citizen and every individual, the Right to move the Supreme Court
by appropriate proceedings for the enforcement of the Rights.

All Rights and Duties always remain as silent Provisions interned in the Constitution.
It is unto the People to realise them. They have to make the Government to work,
and ensure that they do their Duties and they get their Rights. Where necessary
they have to fight for them, go to the Courts to agitate for them, and struggle in the
Society to retain them. As Baba Saheb said, in his last speech in the Constituent
assembly on 25thNovember 1949, while moving the Draft Constitution for adoption,
the success or effectiveness of any Law and Constitution depends upon those who
work them.4
CONCLUSION
Thus, rights and duties are correlatives and there can be no right without a duty like
there can be no parent without a child. And in Indian constitution there are many
provisions for rights and duties of the individuals as fundamental rights and
fundamental duties.