Essence of Rights and Rights Test

Essence of Rights refers to the fundamental nature of a right, which is derived from the very concept of human dignity and liberty. It is the inherent quality of a right that makes it inviolable and essential for human existence. The concept of essence of rights is based on the belief that certain rights are so deeply ingrained in human nature that they cannot be taken away or compromised in any way.

On the other hand, the Rights Test is a method of determining the validity and enforceability of a right. It involves evaluating the legal and social context in which a right is exercised and assessing whether the exercise of the right is consistent with the broader goals of society. The Rights Test is used to determine whether a particular right can be limited or restricted in certain circumstances.

Difference between Essence of Rights and Rights Test

The main differences between Essence of Rights and Rights Test are as follows:

1. Nature of Rights: The Essence of Rights is the inherent quality of a right that makes it essential for human existence. It is based on the belief that certain rights are so deeply ingrained in human nature that they cannot be taken away or compromised in any way. The Rights Test, on the other hand, is a method of determining the validity and enforceability of a right based on legal and social context.

2. Scope of Evaluation: The Essence of Rights is concerned with the fundamental nature of a right, while the Rights Test is concerned with the legal and social context in which a right is exercised.

3. Purpose: The Essence of Rights is intended to protect the inviolable and essential nature of certain rights. The Rights Test is intended to balance the exercise of a right with the broader goals of society.

4. Methodology: The Essence of Rights is based on the belief that certain rights are inherent to human nature and cannot be taken away or compromised in any way. The Rights Test, on the other hand, is based on a contextual analysis of the legal and social factors that affect the exercise of a right.

Conclusion

In conclusion, Essence of Rights and Rights Test are two different concepts that are used to determine the validity and enforceability of a right. While the Essence of Rights is concerned with the fundamental nature of a right, the Rights Test is concerned with the legal and social context in which a right is exercised. Both concepts are important for protecting human rights and ensuring that they are exercised in a manner that is consistent with the broader goals of society.

When in a controlled Constitution conferring limited power of amendment, an entire Chapter is made inapplicable, 'the essence of the right' test as applied in M. Nagaraj's case (supra) will have no applicability. In such a situation, to judge the validity of the law, it is 'right test' which is more appropriate.