THE CONSTITUTION OF INDIA AND RIGHT TO

INFORMATION

Prepared By :
Aditya Anand
IVth Year
BBA.LLB (Hons)
1405C00006

ICFAI LAW SCHOOL

The ICFAI University
Dehradun

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 Table Of Contents

ACKNOWLEDGEMENT………………………………...……………………………………..…...............3
INTRODUCTION...............………………………………………………....……………….…….4

MAIN BODY………………………………………………………………………….……..…5-9

CONCLUSION…………………………………………………………………………………….10

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 Acknowledgement

At the very outset, I would like to thank all those who were the ‘guiding lights’ behind this
project. First of all I would like to take this opportunity with esteem privilege to express my
heartfelt thanks and gratitude to my course teacher Mr Roopaksh , Faculty, Right to Information,
ICFAI LAW SCHOOL for having faith in me in awarding me this very significant project topic of
such importance. His consistent supervision, constant inspiration and invaluable guidance have
been of immense help in carrying out the project work with success.
Next, I would like to thank my colleagues for lending me a helping hand during the shaping up
of the project; subsequently I would like to thank my University for allowing me to avail the
computer lab and internet facilities.
I extend my heartfelt thanks to my family and friends for their moral support and encouragement.
I also take this opportunity to thank all those people who contribute in their own small ways but
fail to get a mention.

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 INTRODUCTION

The Right to Information Act, 2005 empowers the citizen of India to get any information from
the public authorities. The preamble to the Act states that it has been enacted to set out the
practical regime of right to information for citizens to secure access to information under the
control of public authorities in order to promote transparency and accountability in the working
of every public authority in India. The Indian parliament enacted the Act to make the public
authorities bound by the provisions of the Act to furnish the information to the citizens as the
rights of the citizens are classified as Fundamental Rights under Article 19(1) (a) of the
Constitution of India.
In the international arena recognition was given to the Right to information. The Article 19 of the
Universal Declaration of Human Rights,1948 runs as follows
“Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas through
any media and regardless of frontiers.”
Article 19(2) of the International covenant on civil and political rights states that
“Everyone shall have the right to freedom of expression; this right shall include freedom to seek,
receive and impart information and ideas of all kinds, regard less of frontiers, either orally, in
writing or in print, in the form of art, or through any other media of his choice”
The notion of „freedom of information‟ was recognised early on by the UN. In 1946, during its
first session, the UN General Assembly adopted Resolution 59(1), which stated:
“Freedom of information is a fundamental human right and … the touchstone of all the freedoms
to which the UN is consecrated.”
The International Covenant on Civil and Political Rights (ICCPR), a legally binding treaty, was
adopted by the UN General Assembly in 19661 and, as of July 2007, had been ratified by 160
States. The ICCPR guarantees the right to freedom of opinion and expression, also at Article 19,
and in very similar terms to the UDHR.

1
UN General Assembly Resolution 2200 A (XXI), 16 December 1966, entered into force 23 March 1976.

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 Right to Information and Indian Constitution

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In India, the process of formulating a law relating to right to information gained momentum in
the 1990s. The Law Commission of India in its 179th Report of 2001 and several other
committees emphasised upon the need of a meaningful law to ensure access to information,
which eventually resulted in enacting of the Freedom of Information Act, 2002. The Freedom of
Information Act, 2002, was enacted to provide for freedom to every citizen to secure access to
information under the control of public authorities in order to promote openness, transparency
and accountability in the working of public offices.
The National Advisory Council, however, suggested certain significant changes to be made in
the law to ensure smoother, effective and greater access to information. The changes related to
the following:
(a) establishment of an appellate authority with investigating powers;
(b) penal provisions for failure to provide information;
(c) provisions to ensure maximum disclosure and minimum exemptions.
Incorporating these changes, Indian Parliament has enacted the Right to Information Act, 2005.
It has replaced and repealed the Freedom of Information Act, 2002.
Thus, the Right to Information Act, 2005, is an important weapon in the hands of Indian
citizens, empowering them to seek any accessible information from a public authority. It makes
the Government and its functionaries accountable and responsible to the public. The aim of the
Right to Information Act, 2005, as set out in its Preamble, is to secure information under the
control of public authorities, to promote transparency and accountability in the working of public
authorities and also to contain corruption and to hold Governments and their instrumentalities
accountable to the governed.
Though the Constitution of India has no express provision guaranteeing the right to information
it has been recognized by the Courts in a plethora of cases as implicit in Article 19(1)(a) which
guarantees to all citizens the right to free speech and expression and Article 21 of the
Constitution which guarantees the right to life in accordance with due process to all citizens. The
basis of a right of a person to seek information about the government‟s decision has flown from
Articles 19(1)(a), 19(2), and 21 of the Constitution of India.

2
Dr. Ajay Kumar Jain, The Right to Information Act, 2005 – Use and Misuse, (2011) PL February p.35

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The fundamental right of Freedom of speech and Expression was interpreted by the Hon‟ble
Supreme Court of India by applying the Comprehensive Test for the applicability of the Article
19(1)(a) in the case of Bachan Singh Vs State of Punjab3 . The fundamental right of Freedom of
Speech and Expression was interpreted to include the Right to Commercial Speech in Right to
publish commercial Advertisements in the Telephone Directory.
Justice Gajendragadkar, J on behalf of himself and B.P. Sinha, C.J., and Wanchoo, J has held
that “if the contents of the documents were such that their disclosure would affect either the
national defence or public security or good neighbourly relations they could claim the character
of a document relating to affairs of State. There may be another class of documents, which could
claim the said privilege not by reason of their contents as such hut by reason of the fact that, if
the said documents were disclosed, they would materially affect the freedom and candour of
expression of opinion in the determination and execution of public policies. In this class may
legitimately be included notes and minutes made by the respective officers on the relevant files,
opinions expressed, or reports made, and gist of official decisions reached in the course of the
determination of the said questions of policy. In the efficient administration of public affairs
government may reasonably treat such a class of documents as confidential and urge that its
disclosure should be prevented on the ground of possible injury to public interest. In other words,
if the proper functioning of the public service would be impaired by the disclosure of any
document or class of documents such documents or such class of documents may also claim the
status of documents relating to public affairs.”4
Long before the Right to Information Act, 2005 was enacted by the parliament, In State of U.P.
Vs Raj Narain5 the Hon‟ble Supreme Court of India held that “the people of this country shall
have a right to know every public act, everything, that is done in a public way, by their
functionaries. They are entitled to know the particulars of every public transaction in all its
bearing”. It was evident that the judicial decisions have paved way for this most awaited right to
be given statutory recognition by the parliament.

3
(1980) 2 SCC 284
4
In State of Punjab v. Sodhi Sukhdev Singh, AIR 1961 SC 493. Where a former District and Sessions Judge in the
erstwhile Patiala and East Punjab States Union, filed a suit against that Union for a declaration that the order of his
removal from service was illegal and inoperative. At the trial he summoned various documents. Some of those were
produced by the State but privilege was claimed in respect of other documents
5
AIR 1975 SC 865

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The essence and substratum of the right has to be preserved and promoted, when once it is
brought within the fold of fundamental right. A balanced but not a rigid approach, is needed in
identifying and defining the parameters of the right which the citizen has. The Hon‟ble Apex
Court upheld the right to publish such commercial advertisements in the Telephone Directory as
Fundamental Right to freedom of Speech as held in Tata Press Vs MTNL6. The Right to know
and the basis for such right to know of the citizens of the government‟s decisions and actions are
all upheld by the Hon‟ble Supreme Court. In the case of Dinesh Trivedi Vs Union of India7 the
Hon‟ble Apex Court has held that the every citizen has the right to know about the government‟s
decisions and actions.
In Jyoti Basu v. Debi Ghosal8 the Hon‟ble Apex court held that securing information on basic
details concerning the candidates contesting for elections to Parliament or the State Legislature
promotes freedom of expression and therefore the right to information forms an integral part of
Article 19(1)(a) of the constitution of India. This right to information is qualitatively different
from the right to get information about public affairs or the right to receive information through
the press and electronic media. However to a certain extent there may be overlapping.

The Right to know and access for the information was elaborately dealt with by the hon‟ble
Supreme Court of India in the case of M.Nagaraj Vs Union of India9. In Bennett Coleman & Co
Vs Union of India10 the Hon‟ble Supreme Court has held that the Right to Information and the
Freedom of Press are concomitant rights enshrined in Article 19(1)(a) of the Constitution of
India. From the above decisions of the Hon‟ble Apex Court the word „Right to Information‟
though not specifically incorporated in the Article 19(1)(a) of the Constitution of India, the right
of Freedom of Speech and Expression is interpreted comprehensively and „Right to Information‟
is brought within the ambit of Article 19(1)(a).
In Reliance Petrochemicals Ltd. v. Proprietors of Indian Express Newspapers Bombay Pvt. Ltd.
& others11 - the Supreme Court recognized that the Right to Information is a fundamental
right under Article 21 of the Constitution.

6
(1995) 5 SCC139
7
(1997) 4 SCC 306
8
(1982) 1 SCC 691
9
(2006) 8 SCC 212
10
(1972) 2 SCC 788
11
(1988) 4 SCC 592

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In Civil Liberties and Anr. v. Union of India and Ors.12the Supreme Court held that the right to
information is a facet of the right to freedom of "speech and expression" as contained
in Article 19(1)(a) of the Constitution of India and also held that right to information is definitely
a fundamental right. In coming to such conclusion the Supreme Court traced the origin of the
said right from the Universal Declaration of Human Rights, 1948 and also Article 19 of the
International Covenant on Civil and Political Rights, which was ratified by India in 1978.

Right of information is a fundamental right under Article 19(1)(a) of the Constitution. The State
under Clause (2) of Article 19 of the Constitution, however, is entitled to impose reasonable
restrictions inter alia in the interest of the State.13
In Hindustan Times Vs, High Court of Allahabad14; the Hon‟ble Supreme Court held that;
“The media, be it electronic or print media, is generally called the fourth pillar of democracy.
The media, in all its forms, whether electronic or print, discharges a very onerous duty of
keeping the people knowledgeable and informed. The impact of media is far-reaching as it
reaches not only the people physically but also influences them mentally. It creates opinions,
broadcasts different points of view, brings to the fore wrongs and lapses of the Government and
all other governing bodies and is an important tool in restraining corruption and other ill-effects
of society. The media ensures that the individual actively participates in the decision-making
process. The right to information is fundamental in encouraging the individual to be a part of the
governing process. The enactment of the Right to Information Act, 2005 is the most empowering
step in this direction. The role of people in a democracy and that of active debate is essential for
the functioning of a vibrant democracy.”

The Right to Information Act, 2005 is social welfare legislation and is a special law, enacted to
ensure smoother and greater access to public information by establishment of machinery and to
ensure maximum disclosure of the information. The Act provides that all citizens of India shall
have the right to information. The Act confers a great responsibility on the shoulders of those
who seek information and also those who administer the provisions of the Act

12
(2004) 2 SCC 476
13
People's Union For Civil Liberties Vs Union Of India and ors AIR 2004 SC 1442
14
2011 (13) SCC 155

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The right of a person to seek information under the Right to information Act,2005 and the right
to privacy of the other citizens shall go on without violating each other. The right to a person to
seek information relating to the private matters of the individuals cannot be recognized since it
would lead to complex controversies in social order.

“Right to privacy is an integral part of right to life. This is a cherished constitutional value, and it
is important that human beings be allowed domains of freedom that are free of public scrutiny
unless they act in an unlawful manner. We understand and appreciate the fact that the situation
with respect to unaccounted monies is extremely grave. Nevertheless, as constitutional
adjudicators we always have to be mindful of preserving the sanctity of constitutional values,
and hasty steps that derogate from fundamental rights, whether urged by governments or private
citizens, howsoever well meaning they may be, have to be necessarily very carefully scrutinised.
The solution for the problem of abrogation of one zone of constitutional values cannot be the
creation of another zone of abrogation of constitutional values.

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 CONCLUSION

The Indian Parliament had enacted the “Freedom of Information Act, 2002” in order to promote,
transparency and accountability in administration. The National Common Minimum Program of
the Government envisaged that “Freedom of Information Act” will be made more “progressive,
participatory and meaningful”, following which, decision was made to repeal the “Freedom of
Information Act, 2002” and enact a new legislation in its place. Accordingly, “Right to
Information Bill, 2004” (RTI) was passed by both the Houses of Parliament on May, 2005 which
received the assent of the President on 15th June, 2005. “The Right to Information Act” was
notified in the Gazette of India on 21st June, 2005.

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