Right - Definition - Law Dictionary Home Dictionary Definition right

Definition :

Right [fr. recht, Teut.; rectus, Lat. The application of the same word to denote a staight line and moral rectitude of conduct, has obtained in every language I know, Dugald teward], in its primitive sense, that which the law directs; in popular acceptation, that which is so directed for the protection and advantage of an individual is said to be his right, 1 Stark. Evid. 1, n. (b). It has been described as a liberty of doing or possessing something consistently with law, or more strictly, the liberty of the doing or possessing something for the infringement of which there is a legal sanction. It is often confused in the popular mind with licence of the doing of something which his not prohibited by law, however damaging the act may be to individuals or the community. See MALUM IN SE.

A 'right' is a legally protected interest, Mithilesh Kumari v. Prem Behari Khare, AIR 1989 SC 1247 (1255): (1989) 2 SCC 95: (1989) 1 SCR 621.

A 'right' is an averment of entitlement arising out of legal rules, Shanti Kumar R. Chanji v. Home Insurance Co. of New York, AIR 1974 SC 1719 (1722): (1974) 2 SCC 387: (1975) 1 SCR 550.

In a strict sense, legal rights are correlative of legal duties and are defined as interests which the law protects by imposing corresponding duties on others. But in a generic sense, the word 'right' is used to mean an immunity from the legal power of another: immunity is exemption from the power of another, State of Rajasthan v. Union of India, AIR 1977 SC 1361: (1977) 3 SCC 592: (1978) 1 SCR 1.

The word 'right' is used in Article 131 in this generic sense. For example, the State claims to be entitled to legislate exclusively on all particular matter on the ground that it falls within List II of the VII Schedule to the Constitution and the Union of India questions this right of the State, the dispute would be one relating, not to any right of the State in the strict sense of the term, but to the 'liberty' of the State to legislate on such matter and it would come directly within the terms of Article, State of Karnataka v. Union of India, AIR 1978 SC 68: (1977) 4 SCC 608: (1978) 2 SCR 1.

That which is proper under law, morality, or ethics; something that is due to a person by just claim, legal guarantee, or moral principle, Black's Law Dictionary, 7th Edn., p. 1322.

Right, comprehends every right known to the law. It includes both corporeal and incorporeal rights including 'a right of ownership', Jasjit Singh v. Charanjit Kaur, AIR 1995 P&H 177.

Right, is an interest recognised and protected by moral or legal rules. It is an interest the violation of which would be a legal wrong, 'X' v. Hospital 'Z', (1998) 8 SCC 296.