Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Negative Rights vs. Positive Rights
Constitutional & Public Law Doctrines
Definition
Negative Rights: Rights that obligate the State to refrain from interfering with individual freedoms (e.g., Article 19 freedoms, Article 20 protections).
Positive Rights: Rights that impose a duty on the State to proactively take measures and provide resources to ensure human dignity (e.g., Article 21A right to education, clean environment).
Example
The command that "the State shall not deny equality" is a negative right; the command that the State must build accessible primary schools for children aged 6–14 under Article 21A is a positive right.