Legal Rights and Duties

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LEGAL RIGHTS & DUTIES

LEGAL RIGHTS Rights that are guaranteed to citizens of

a country by law to enjoy certain freedoms without any fear or favour

DEFINITIONS

‘Legal Right is the capacity residing in one man of controlling, with the assent and assistance of the state, actions of others’

- Holland

‘A right is an interest recognised and protected by a rule of right. It is an interest, respect for which is a duty and disregard of which is a wrong’

- Salmond

CLASSIFICATION OF RIGHTS

Classification of Rights

Civill Rights

Political Rights

Economic Rights

Perfect and

Imperfect Rights

Positive and

Negaive Rights

Primary and

Secondary

Public and

Private Rights

Right in Rem and Right in

Personam

Proprietary and

Personal Right

Re Propria and Re Aliena

LEGAL DUTIES

‘A duty is an obligatory act”. This is to say, it is an act opposite of which would be a wrong’

- Salmond

CLASSIFICATION OF DUTIES

Classification of

Duties

Positive and

Negative Duties

Primary and

Secondary

Duties

Absolute and

Relative Duties

FUNDAMENTAL RIGHTS

Fundamental

Rights

Right to Equality

Right to Freedom

Right against Exploitation

Right to Freedom of Religion

Cultural and Educational Rights

Right to Constitutional Remedies

1. Right to Equality - prohibition of discrimination on grounds of religion, race, caste, gender or place of birth

FUNDAMENTAL RIGHTS

2. Right to Freedom - freedom of speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation

3. Right against Exploitation - prohibits all forms of forced labour, child labour and traffic of human beings

FUNDAMENTAL RIGHTS

4. Right to Freedom of Religion: freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs

5. Cultural and Educational Rights - right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice

FUNDAMENTAL RIGHTS

6. Right to Constitutional Remedies: It provides a mechanism for enforcement of Fundamental Rights

FUNDAMENTAL DUTIES

Fundamental Duties

To respect ideals of constitution (National Flag & National Anthem)

To cherish ideas of our national struggle for freedom

To uphold the Unity and Integrity

To defend the country and render National Service

To promote the spirit of common brotherhood

To value and preserve rich heritage

To protect and improve natural environment

To develop scientific temper

To safeguard public property

To strive towards excellenceTo provide opportunities for education to child between 6-

14yrs.

FUNDAMENTAL DUTIES1. To respect ideals

of constitution (National Flag & National Anthem)

2. To cherish ideas of our national struggle for freedom

FUNDAMENTAL DUTIES3. To uphold

the Unity and Integrity

4. To defend the country and render National Service

FUNDAMENTAL DUTIES5. To promote

the spirit of common brotherhood

6. To value and preserve rich heritage

FUNDAMENTAL DUTIES7. To protect and

improve natural environment

8. To develop scientific temper

FUNDAMENTAL DUTIES9. To safeguard

public property

10. To strive towards excellence

FUNDAMENTAL DUTIES11. To provide opportunities for

education to child between 6-14yrs.

THANK YOU