Types of Right in Law

Source: Madras High Court

Why in News?

The Madras High Court recently in the matter of Gokul Abhimanyu v Union of India and Another dismissed a writ petition seeking a reduction of the application fee for the All-India Bar Examination (AIBE) conducted by the Bar Council of India. The bench ruled that there was no statutory provision prescribing the AIBE fee, unlike the enrolment fee under the Advocates Act.

• The court found that the current fee of Rs. 3,500 (Rs. 2,500 for SC/ST candidates) was not exorbitant and saw no grounds for interference.
• The Bench elucidated that a Writ of Mandamus necessitates the demonstration of a legal right, which was absent in the instant case.
• This ruling highlights the distinction between statutory fees and examination fees in the legal profession.

What was the Background of Gokul Abhimanyu v. Union of India and Another?

• A writ petition was filed under Article 226 of the Constitution of India in public interest.
• The petition seeks a Writ of Mandamus directing the second respondent (presumably the Bar Council of India) to reduce the application fee for the All-India Bar Examination (AIBE).
• The petitioner's main contention is that the quantum of the AIBE application fee should be reduced.
• The petitioner had previously made a representation dated 19^th January 2024 regarding this matter.
• The petitioner's counsel reiterated the contentions set out in the affidavit supporting the writ petition.
• The court was not impressed by the submissions made by the petitioner's counsel.
• The case involves a discussion of the Advocates Act, 1961, particularly Section 24(1)(f), which stipulates enrolment fees for State Bar Councils and the Bar Council of India.
• A separate writ petition regarding excessive enrolment fees charged by State Bar Councils is pending before the Supreme Court of India (Gaurav Kumar V. Union of India,2023.
• The current case, however, specifically pertains to the examination fee for the All-India Bar Examination, not the enrolment fee.

What were the Court’s Observations?

• The Court noted the distinction between enrolment fees prescribed under the Advocates Act and the AIBE application fee, which lacks statutory provision.
• The Bench elucidated that a Writ of Mandamus necessitates the demonstration of a legal right, which was absent in the instant case.
  • Notwithstanding the absence of a statutory violation, the Court acknowledged its authority to intervene if the fee quantum were deemed exorbitant.
• Upon examination, the Court determined that the current AIBE application fee of Rs. 3,500/- (Rs. 2,500/- for SC/ST candidates) did not constitute an exorbitant amount.
• The Court referenced Section 24(1)(f) of the Advocates Act, delineating the prescribed enrolment fees for State Bar Councils (Rs. 600/-) and the Bar Council of India (Rs. 150/-).
• The Court dismissed the petition as no grounds for interference with the current AIBE application fee structure and dismissed the writ petition.

What are Rights in Law?

About:

• Rights are legally recognized and enforceable entitlements or freedoms that individuals or entities possess.
• They represent interests that are protected by law, allowing the right-holder to act in certain ways or require others to act in specific manners.
• Rights may derive from statutes, common law, or constitutional provisions, with varying levels of protection and enforcement mechanisms.
• Rights are often subject to reasonable limitations and may need to be balanced against other competing rights or societal interests in certain situations.

Types of Rights in law

• Constitutional Rights (Fundamental rights): It’s a right guaranteed by a nation’s constitution (e.g., right to life, liberty, equality).
• Legal Rights: Enforceable rights recognized by the legal system.
• Statutory Rights: Rights created and defined by legislation or statutes.
• Common Law Rights: Rights developed through judicial decisions over time.
• Human Rights: Universal rights inherent to all human beings, often recognized internationally.
• Civil Rights: Rights of citizens to political and social freedom and equality.
• Property Rights: Rights related to ownership and use of property.
• Contractual Rights: Rights arising from agreements between parties.
• Intellectual Property Rights: Rights related to the creations of the mind (e.g., patents, copyrights).
• Consumer Rights: Rights protecting consumers in commercial transactions.
• Moral Rights: Rights based on principles of ethics or morality, which may or may not be legally recognized.

What is Legal Right in India?

• Legal rights are enforceable claims or entitlements granted by law.
• They can stem from various sources including the Constitution, statutes, judicial decisions, and contracts.
• Legal rights are backed by the state's authority and can be enforced through courts.
• They define the relationship between individuals, and between individuals and the state.
• Examples include property rights, contractual rights, and consumer rights.

What are Fundamental Rights in India?

• Fundamental Rights in Indian law are constitutional guarantees enshrined in Part III of the Constitution.
• They include the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
• These rights are essential for individual liberty and dignity, protecting citizens from state overreach.
• However, they can be subject to reasonable restrictions in certain circumstances for public interest.

What is the Difference Between Legal Right and Fundamental Right?

• Source: Fundamental Rights are enshrined in the Constitution, while Legal Rights come from various laws, statutes, and judicial decisions.
• Permanence: Fundamental Rights are more permanent and difficult to change, requiring constitutional amendments. Legal Rights can be modified or repealed through normal legislative processes.
• Scope: Fundamental Rights are universal and apply to all citizens (with some exceptions), while Legal Rights may be specific to certain groups or situations.
• Enforceability: Fundamental Rights can be directly enforced by the Supreme Court, while Legal Rights are typically enforced through lower courts first.
• Nature: Fundamental Rights are considered essential for human dignity and democracy, whereas Legal Rights cover a broader range of civil, criminal, and regulatory matters.
• Constitutional Remedies: The right to approach the Supreme Court for enforcement is itself a Fundamental Right for Fundamental Rights, which isn't the case for Legal Rights.