Legal rights are necessary components of a free and equitable society. Now You must be wondering, what are legal rights precisely, and how do they relate to you as a citizen? Put simply, rights are the collective claims of individuals that are upheld by the state because they are seen by all civilised societies as necessary for their growth and development. In this blog, we have discussed ‘Rights’ and Legal Rights Notes specifically for Class 11 students.

Rights Chapter 5 Class 11 Polity Notes

What are These Rights?

• Fundamentally, a right is an entitlement or a legitimate claim. It represents the rights we have as people, as citizens, and as individuals.

• In actuality, one of the reasons why rights have been asserted is that they stand for circumstances that we all consider to be sources of dignity and self-respect.

• The argument that rights are essential to our welfare has also been used to support claims for rights. They support others in honing their abilities and skills.

Where do Rights Come From?

• Political thinkers in the seventeenth and eighteenth centuries contended that our rights are bestowed upon us by God or nature. This implied that we are born with rights rather than having them bestowed upon us by a government or community.
• The notion of a natural law, or a system of rules established for us by nature or God, seems out of date now, which is why the word human rights has become more popular than the phrase natural rights in recent years.
• People now view rights as assurances that they must pursue or achieve to live at least a minimum decent existence.
• The idea of a free and equal self is being utilised more and more to contest racial, caste, religious, and gender-based injustices that already exist.
• Oppressed people throughout the world have challenged laws that discriminate against them and deny them equal rights and opportunities by using the idea of universal human rights.
• The list of human rights that individuals have asserted has grown throughout time as civilizations have encountered more dangers and difficulties. People nowadays, for instance, are very aware of the need to preserve the environment, which has led to demands for rights to sustainable development, clean water, and air, among other things.

Legal Rights and the State

• The Bill of Rights, or Fundamental Rights in India, are the basic important rights listed in a country’s constitution.

• These rights may be supplemented by additional rights specific to a country’s history and customs.

• Rights are claims recognized by the state, often demanding the state to act or refrain from acting in certain ways.

• They ensure individual life and liberty are protected from the state’s authority.

Diffrent Kinds of Rights

The following are the different types of rights:

1. Natural Rights

Many academics have strong beliefs in natural rights. They contend that nature bestows humans several rights. They used to live in a natural condition before moving into civilization and the state. They were able to exercise their inherent rights there, including the rights to life, liberty, and property. Human nature and reason are endowed with natural rights.

Some academics, on the other hand, believe that the idea of inherent rights is unreal. The results of social existence are rights. These are limited to usage within a community. The state defends rights because they are based on society’s acknowledgement of them as shared claims to progress.

2. Moral Rights

The rights that are grounded in human awareness are known as moral rights. The moral power of the human intellect supports them. These are grounded on the moral and fair principles held by people. The force of law does not support these. Moral rights are sanctioned by public opinion and a sense of goodness.

It is not possible to pursue legal action against someone for violating any moral rights. These rights are not upheld by the government. These rights are not recognised by its courts. Moral rights encompass standards of decency, civility, and moral behaviour. These represent the people’s moral excellence.

3. Legal Rights

Legal rights are those that the government upholds and recognises. Laws penalise violations of any kind of legal rights. State law courts uphold people’s legal rights. These rights can be used both against the government and against private parties. Legal rights are distinct from moral rights in this sense. Every citizen has equal access to their legal rights. Legal rights are enjoyed by all citizens without exception. They have the option of going to court to have their legal rights upheld. Three categories of legal rights exist:

1. Civil Rights:

Civil rights are those that allow everyone to live a socially responsible and civilised life. These meet the necessities of a person’s existence in society. Civil rights include the freedoms of life, liberty, and equality. The state preserves civil rights.

2. Political Rights:

Citizens have the right to participate in politics through their political rights. They can participate actively in politics thanks to this. These rights encompass the ability to vote, the ability to run for office, the ability to occupy public office, and the ability to critique and disagree with the government. In a democracy, citizens have access to political rights.

• It grants the people’s rights to equality before the law and to take part in political life. These rights include the ability to cast a ballot, choose representatives, run for office, and more. In addition to these, civil liberties
• The terms “civil liberties” allude to the freedoms of speech, protest, and dissent as well as the right to a free and fair trial.
• Together, civil freedoms and political rights are the cornerstone of a democratic government.
• By holding the government responsible and elevating the interests of the people above those of the ruling class, they safeguard people’s well-being. Additionally, it guarantees everyone equal chances.

3. Economic Rights:

The rights that give individuals economic security are known as economic rights. All citizens can utilise their civil and political rights properly thanks to this. Every human has fundamental requirements for food, clothes, housing, healthcare, etc. It is impossible for anybody to truly exercise their civic and political rights without these being met. Therefore, everyone must be granted the freedom to work, the right to a living income, the freedom to relax and play, and the right to social security in the event of illness, old age, or physical impairment.

• Need: Until our fundamental needs—such as clothing, food, housing, and health—are met, we are unable to completely exercise our political rights.
• Status: Democracies are starting to acknowledge these responsibilities and grant economic rights.

Rights and Responsibilities

• Rights obligate every one of us personally as well as the government to act in a particular manner.
• Common Good: Defending certain things for everyone, not just our wants. They stand for the “common good,” which is safeguarded for present and future generations.
• Honouring the Rights of Others: One cannot deny someone else their rights in the process of exerting one’s own. The equal and same rights for everyone premise must restrict each person’s rights.
• We have to strike a compromise when our rights conflict.
• Responsibilities: People are ready to have their rights curtailed. Giving governments authority that they may use to restrict people’s rights requires careful consideration.

Legal Rights – FAQs

What is the difference between fundamental rights and legal rights in Class 11?

The primary distinction between legal and fundamental rights is that the former are bestowed upon individuals by particular laws and regulations that are subject to legislative restrictions, while the latter is acknowledged and safeguarded by the Constitution or statute of the nation from which they emanate.

Where do rights come from in class 11 political science?

Natural law is the source from which rights originated. These kinds of rights are bestowed upon a person only by their birth; they are not bestowed by a government or a community. As a result, they cannot be removed. It was believed that rights were bestowed on us by God or nature.

What are legal rights in class 11 political science?

Legal rights are those that the government upholds and recognises. Laws penalise violations of any kind of legal rights. State law courts uphold people’s legal rights. These rights can be used both against the government and against private parties.

What are the rights of the Constitution Class 11 notes?

Human Rights and Basic Rights: Liberty, Equality, and Religion. In India, there are six essential rights. These include the rights to equality, freedom, protection against exploitation, freedom of religion, rights to culture and education, and constitutional remedies.