Obligations

The word obligation originates from ‘obligate’ in Latin which means something which binds men to an engagement or performance.

There are several types of obligations:
1. Moral
2. Legal
3. Political
4. Positive
5. Negative

Moral Obligations

Moral obligations are subjective, ambiguous, uncodified, not legally binding, customary, traditional and culture-specific.

Legal Obligations

Legal obligations are precise, defined by the law/the Constitution, objective, mandatory, binding, codified and backed by sanction.

Legal obligation is the relationship between a citizen and the state. Both of them have duties towards each other.

Although liberals like Laski, Locke and T H Greene have said that people must disobey unjust laws (such as those which are immoral, unjust or illegal) such disobedience must be peaceful, legal and constitutional.
e.g. TADA was repealed and POTA was enacted in its place – law is merely the means to an end with the end being to protect people.

Political Obligations

Political obligations are closely connected with fundamental rights.

  • Obeying the law
  • Resisting the law
  • Total loyalty to the State
  • Payment of tax and duties

Today’s State is a Welfare State which requires taxes and duties to be paid in order to be able to perform its multifarious functions. Tax evasion is an offence but it is not an offence to invest in Government bonds /PPF and obtain a tax exemption.

  • Casting one’s vote
  • Holding public office
  • Co-operating with the Government to uphold law and order

Positive and Negative Obligations

Positive obligations necessitate the performance of some action while negative obligations require a person to refrain from performing some action.

For example, obligations to the State may be either positive or negative. A positive obligation is to render public service when called upon to do so while not committing sedition is a negative obligation.

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