Right to Know-Constitutional Prospective

The Right to information is indisputably a fundamental right. It is a facet of right to

speech and expression as provided in art 19(1) (a). Right to know has increased the
efficiency of decision making process. It has set a transparency and determines
accountability in the working of public department. Reduction in corruption in public
department is due to the implementation of Right to Information Act, 2005.
The phenomena of right to information gained momentum when Art 19 of the universal
declaration of human right was adopted in 1948 ensuring, 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.
The international covenant on civil and political right 1996 says that, everyone shall
have the right to freedom of expression, the freedom to seek and impart information
and
ideas
of
all
kind,
regardless
of
frontiers
It is relevant to refer here that in a government of responsibility like ours, it is
elementary that citizens ought to know what their government is doing. They have a
right to know every public Act, everything that is done in a public way, by their public
functioning of the government. It has also stated that exposure to public gaze and
scrutiny is one of the surest means of achieving a clean and healthy administration. The
concept of an open government is said to be the direct emanation from the right to
know which seems to be implicit in the right of speech and expression under article
19(1) (a). The citizens have the right to decide by whom and by what rules, they shall
be governed and they are entitled to call on those who govern on their behalf , to
account for their conduct so that a citizen, prepared to pay requisite fee is entitled to
ask for copies of public documents, to the inspection of such documents.
To provide a freedom to every citizen to access official information the freedom of
Information Act, 2002 has been passed. It has been passed to promote openness,
transparency and accountability in administration and in relation to matters connected
therewith and incidental thereto. This act has been amended in 2005 extending its
provision to centre/ state governments, panchayats, local bodies, recipients of
governments
and
other
related
matters.
It is important to not here that it provides for furnishing information by the public
information officer on request from the person desirous of obtaining it, on payment of
prescribed
fees.
Right to know is the species of the right to speech and expression provided by
the Article 19(1) (a) of the constitution of India. A citizen has a fundamental right to
access towards information. It is the duty of the state to protect the fundamental right.
But it is also requisite to provide the opportunities under which this right can be
effectively enjoyed by all. It is relevant to state here that a true democracy can not exist
unless all citizens have a right to participate in the public functioning.
Right
to
know
a
constitutional
prospective
The right which provides us the conformant of right to know can be classified in this
way.

A) Article 19(1)
(a)
B) Article 21C)
Right

freedom
to

to

Speech
information

and

expression.
Act,2005

Article 19(1)(a) guarantees to all citizens the right to freedom of speech and
expression clause 2 of 19 , at the same time provides , nothing in sub clause (a) of
clause (1) shall affect the operation of any existing law , to prevent the state from
making any law , in so far as, such law imposes reasonable restriction on the exercise of
the right confer by the said sub clause in the interest of sovereignty and integrity of
India , the security of state , friendly relations with foreign state , public order , decency
and morality or in relation to contempt of court , defamation or incitement to an offence
.
Freedom to speech and expression has been held to be basic and indivisible for a
democratic polity, the citizens most cherished and scared right, the prized privilege it
is
said
to
be
a
cornerstone
of
functioning
of
democracy
.
It is the foundation of a democratic society. It is essential to the rule of law and liberty of
citizens.. The democratic form of Government, it self demands its citizens, active and
intelligent participation in the affairs of the community. The public discussion with
people participation is a basic feature and rational process of democracy, which
distinguishes
it
from
all
other
forms
of
government.
The framers of the constitution recognized the importance of safeguarding this right
since the free flow of opinions and ideas was essential to sustain the collective life of
the
citizenry.
The right to information, like other right is subject to several exemption / exceptions.
There is rational behind exempting areas like national Security, military, Deployment,
international relations and like from the RTI ambit, the judiciary has no valid reason to
claim such immunity from public gaze. Since Right to Information has turned out to be a
grate cheque on the executives, this is said to be strong case for extending the Act, two
sectors
like
the
judiciary
that
remained
insulated
from
it.
Though some of the judges were in favor of voluntary disclosure of the assessed by the
Supreme Court judges, the chief justice of India had resisted the judges inclusion in the
right to information. The honorable chief justice of India has expressed recently that he
would resist tooth nail any attempt to share confidential information about
appointments and transfer of the judges and instead that the office of chief justice of
India
kept
out
side
the
preview
of
right
to
information
.
On 2nd September, 2009, a division bench of Delhi high court had given a land mark
ruling that the information on assets declared by the Supreme Court judges in
possession of chief justice of India would come within the ambit of right to information
Act,
2005.
Since the chief justice of India held the Information pertaining to Assets declaration by
him and his brother judges, the chief justice of India was held to be a Public Authority
under the right to information Act, 2005. The ruling deserves to be lauded because it
will promote transparency and accountability. If the judges support the Right to
information like voluntarily assets disclosure, it would go a long way in enhancing their

moral stature ,empower the people and give a fillip to the movement of the right to
know
with
in
the
meaning
of
Art-19
(1)(a)
The Apex court ruled in famous case voters right to know antecedents including criminal
past of his candidate contesting election from M.P and MLA was fundamental and basic
for survival of democracy. Democracy can not survive without free and fare elections,
without free and fairly informed voters, the court said that the voters had right to get
material information, with respect to a candidate contesting election for a post , which
was utmost importance in the democracy was implied in the freedom of speech
guaranteed
by Article 19(1)(a)
The Apex court ruled that right of a voter to know the bio data of candidate was the
foundation of democracy, a facet of the right to freedom of speech and expression. It
would be the basis of free and fair election which was the basic structure of
constitution..
The court distinguished the right of the voter to know the antecedent of a candidate
from
the
right
to
vote
and
stand
as
a
candidate
for
election.
Right to Information Act is a weapon in the hand so f a common people. the importance
for the right to information in India were discussed in detail by the supreme court in
1974 in the land mark judgment of Raj Narain V. Indira Nehru Gandhi, where the court
while rejecting the governments claim of privilege of the disclosure of the security
instructions for the prime minister, in a government of responsibility like ours there all
the agents of the public must be responsible for their conduct there can be but few
sectorates. The people of this country have a right to know every public Act, everything
that is done in public way, by their public functionaries. They are entitled to know the
particulars
of
the
very
public
transaction
in
all
its
bearing
We can not make the government accountable if we do not have basic information
regarding the government decisions and its functioning. The right to information in the
Indian jurisprudence has largely immerged from the freedom of speech and expression
guaranteed by article 19(1) (a) of the Indian constitution. In the words of Justice
Bhagwati, the concept of open government is the direct emanation from the right to
know which seems to be implicit in the right of freedom of speech and expression. The
rational of this view in the words of learned judges is that the right to information or
assessed to information is basic to the democratic way of life. It redefines the
relationship between the people and the government by providing critical information
and
evidence
in
the
hands
of
common
people.
The right to know is not meant for gratifying idle curiosity or mere inquisitiveness but is
essential for the effective functioning of democracy. Transparency and accountably are
sine
qua
non
in
a
genuine
democracy.
Information is a tool that empowers people to act more meaning fully a electors as well
as elected representative of the people. If the people are well informed they will be
more vigilant and therefore democracy is bound to become more vibrant. Abraham
Linkon said at the gettysdurg address, way back in 1863,Democracy is government of
the people, by the people, for the people. It is basic postulate of democracy that
government shall be based on consent of the government and the governed. The
consent of governed implies not only that consent shall be free but also that it shall be
grounded on an adequate information and discussion aided by the widest possible

dissemination of information from diverse and antagonistic sources, consequently

citizens must have access to information, right to know about the functioning of the
government
and
public
functionaries.
Jeffosen Said, Information to the people is the most certain and legitimate engine of
government. When a government refuses to put its trust in the people, the people in
turn
will
withdraw
their
trust
from
the
people.
The Act in its preamble says to provide for setting up the practical regime of the right to
information under the control of public authority in order to promote transparency and
accountabilities
in
the
working
of
every
public
authority.
a)
It
helps
an
individual
to
attain
self
fulfillment.
b)
Assist
in
discovering
of
truth.
c) Strengthens the capacity of an individual in participating in decision making.
d) Provides a mechanism by which it would be possible to establish a reasonable
balance between stability and social change.
Constitutional Prospective of Right to Information

Article 39 (a) (b) (c) of the constitution make provision for adequate means of livelihood,
equitable distribution of material resources of community to check concentration of
wealth
and
means
of
production.
In Bombay environmental group & others V. Pune cantonment board, the honorable
supreme court of India observed that real democracy can not be worked by men sitting
at the top. It has to be worked from below by the people of every village and town. The
sovereignty resides in and flows from the people. So said the father of Nation in whose
name we swear. Therefore, who will watch the watchman? is a vexed question before
our democracy. For this people s participation at all levels is a must
Right to information in other Countries

The first RTI law was enacted by Sweden in 1766, largely motivated by the parliaments
interest in access to information held by the King. Finland was the next to adopt, in
1953, followed by the United States, which enacted its first law in 1966, and Norway,
which passed its laws in 1970. The interest in ATI laws took a leap forward when the
United States, reeling from the 1974 Watergate scandal, passed a tough FOI law in
1976, followed by passage by several western democracies of their own laws (France
1978, Netherlands 1978, Australia 1982, New Zealand 1982, Canada 1982, Columbia
and Denmark 1985, Greece 1986, Austria 1987, Italy 1990). By 1990, the number of
countries with RTI/FOI laws had climbed to 13. The new South Africa constitution
specifically provides the right to information in its bill of rights. Columbia in its 1888
code of political and municipal organization allowed individuals to request documents
held by government agencies. Malaysia operates an online data base system known
services link, through which a person can access information regarding functioning of
public administration. Sweden has been enjoying the right to know since 1810. It was
replaced in 1949 by a new Act which enjoyed the sanctity of being a part o the countrys
constitution itself. In Australia, his freedom of Information Act was enacted in December
1982. It gave citizens more access to the federal governments document. The fall of
the Berlin Wall and the rapid growth of civil society groups demanding access to
information about the environment, public health impacts of accidents and

government policies, draft legislation, maladministration, and corruption gave impetus

to the next wave of enactments, which peaked in the late 1990s and early 2000s.
Between 1992 and 2006, 27 countries in Central and Eastern Europe and the former
Soviet Union passed RTI laws, of which Hungary and Ukraine were among the first.
During that same period through to the present, at least 42 countries in other regions of
the world enacted laws. By February 2010, some 82 countries had national-level right to
information laws or regulations in force including the population giants of China, India,
and Russia, most countries in Europe and Central Asia, more than half of the countries
in Latin America, more than a dozen in Asia and the Pacific, five countries in Africa, and
two in the Middle East. As of April 2010, when Indonesias law entered into force, more
than 4.5 billion people lived in countries that include in their domestic law an
enforceable right, at least in theory, to obtain information from their governments.
As held in the various cases held by honorable supreme court including in Secretary,
Ministry of Information and Broadcasting V. Cricket Association. o
Bengal (1995) (2) SCC 161 supreme court while taking into account of news print
control order allotment of news print to news paper was restricted held that such
restriction had not only infringed news papers right to freedom of speech but also
readers right to read was cut down. The readers right to access the news papers was his
right to information which was implicit in the right to freedom of speech and expression.
Similarly in S.P. Gupta case the honorable Supreme Court observed that, people of this
country have a right to know every public Act, everything that is done in a public way,
by these these functionaries they are entitled to know the very particulars of every
public transaction. Also in Secretary, Ministry of information and broad casting V. Cricket
ass. Of Bengal, the Supreme Court held that the Air waves were a public property and
distribution among the government media and the private channels should be done on
equitable basis as the freedom of speech included in the right to impart and receive
information
from
electronic
media.
Along with article 19(1) (a), the other articles which secures right to information under
Indian constitution are article 311(2) and 22(1). Article 311(2) provides for a
government servant to make out. Why he is being dismissed or removed as being
demated and representation can be made against the order. On the other hand article
22(1) a person can know the grounds for his detention. In important casethe Supreme
Court held that right to information emerges from right to personal liberty guaranteed
by
article
21
of
constitution.
In State of Uttar Pradesh V. Raj Narain (1975) 4 SCC 428 the court explicitly stated
that It is not in the interest of the public to cover with a veil of secrecy the common
routine business, the responsibility of official to explain and the justify their acts is the
chief safeguard against oppression and corruption.
Rights which are available under Right to Information Act 2005

It
empowers
every
one
to
# Seek and receive information from the government and other public authorities.
#
Ask
them
certain
questions.
#
Take
copies,
including
certified
copies
of
documents.
#
Inspect
documents.
#
Inspect
works.
#
Take
sample
of
material.
#
Right
to
Information
Law
Contains

Accountability
A Right to Information law lays down clearly the principle of accountability. That is, it
states specifically as to who is responsible for providing the information (e.g.:appointing Public Information Officers in every office and department of Government").
Penalties also provided for officials who delay without just cause the giving of
information or refuse on unwarranted grounds.
Independent Forum for Appeals

The Right to Information Act 2005 contains a simple and independent procedure for
appeals from refusals to give information or for willfully providing wrongful information
or misleading information. The appellate forum is an independent person or institution
such
as
an
Ombudsman.
Reasonable
fee
Structure
The law, it provides for a levy of a fee for getting information ensures that the fee is
reasonable and does not act as a deterrent for asking information and does not end up
debarring information from the disadvantaged groups who cannot afford the fees. The
law
is
provided
for
waiver
of
fees
in
certain
circumstances.
Upgradation
of
systems
The law contains provisions for setting up specific systems for storing and disseminating
information and upgrading the existing systems for enabling easy access. There must
be specific provisions for priority-wise computerization etc. of government offices.
Allocation
of
funds
The law contains a specific allocation of funds for the purpose of operationalising the
Right to Information. Without this, the law will be a dead letter and will have no effect.
Methods
of
Communication
The law contains a specific directive for simplification of official language. Information
giving is in a form that can be easily understood by people. There is a focus on
traditional means of giving information. Information contained in official gazettes and
publications that are usually unavailable and are of no use to the lay citizens, given the
low literacy levels. The law also ensures proper use of the electronic and print media as
well as use of conventional methods of communication as per the target group.
Duty
to
Inform
The law cast a positive duty on public bodies to inform the public in case of certain
projects and activities that relate to the public. This envisages giving information
without being asked for it. It is made mandatory to give out certain kinds of information
on a mandatory basis. This kind of information also includes rules, information on
proposed projects and schemes, and other relevant information which needs to be given
out
and
updated
routinely.
Time
Limit
The law also contains a provision for timely imparting of information. The concerned
public officials face a penalty in case the information is not given in time. The time limit
is reasonable and does not jeo-pardise a persons rights. Time limits are set in order of
urgency and accessibility. Information regarding a persons life and liberty is made
available forthwith or within the shortest possible time, say within 48 hours.

Protection of Privacy

The law takes into account the protection of an individuals privacy. Personal information
held by the government is exempted from disclosure. However, if the public interest in
disclosure in the public interest greatly outweighs the preservation of individual privacy,
then
disclosure
should
be
allowed.
Application
to
Private
Bodies
Right to Information is usually seen as a right to seek government-held information. In
reality it is a right to seek greater accountability from organizations and institutions
working in the public domain. Therefore, the law must make it binding on private bodies
to disclose certain kinds of information that could affect the public health, safety,
environment
etc.
Penalties
Sec.20 (1) provides power the State Information Commission to impose a penalty of
Rs.250/- per day till application is received OR information is furnished, so however, the
total amount of such penalty shall not exceed Rs.25000/- Provided that the State
Information Officer, as the case may be, shall be given a reasonable opportunity of
being heard before any penalty is imposed. As per Sec.20 (2) the State Public
Information Committee shall recommend for disciplinary action against the State Public
Information Officer, as the case may be under the Service Rules applicable to him.
Miscellaneous
Sec.21. No suit, prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done under this Act or any rule
made
there
under.
Sec.23. No court shall entertain any suit, application or other proceeding in respect of
any order made under this Act and no such order shall be called in question otherwise
than by way of an appeal under this Act.
Grounds for Denial of Information

As per Sec.24 of the Act, intelligence and Security Organizations established by the
Central Government and Listed in of the Act, shall not apply:- Information pertaining to
allegations of Corruption is not excluded. Information pertaining to Human Rights
Violation can be given after approval of Central Information Commission time allowed,
45 days.
Appeal

If the person is dissatisfied with the information provided or he doe s not receive any
reply from the government authorities then he can make the appeal within 30 days.
Procedure to Apply

Write a simple application along with the prescribed fees addressing Public Information
Officer (PIO) of the related department from which you want to get any information.
Meaning of Information

According to section 2(f) of right to Information Act,2005 information means any

material held in any form with a government agency i.e. files, records including tenders,
contracts, orders, correspondence i.e. emails, letters opinion, advice , samples, material
held in electronic formats and as audio / visual material . Right to Information Means
#
#

The
right
to
The right to take

seek
certified

information
from
any
public
copies of records held by public

authority.
authorities.

Conclusion
Right to information (RTI) is harnessed as a tool for promoting participatory
development, strengthening democratic governance and facilitating effective delivery of
socio-economic services. In the knowledge society, in which we live today, acquisition of
information and new knowledge and its application have intense and pervasive impact
on processes of taking informed decisions. Right to Information Act 2005, is termed as
the best tool for bringing Good governance in the society. This right has been
recognized in many International instruments and is seen not just a facet of the right to
freedom of speech and expression but also as a right that is necessary for the exercise
of civil and political rights and socio-economic and cultural rights. Right to Information
means the right to have access to information relating to a legal right of any person.
This information could be in the form of records, files, registers, maps, data, drawings,
reports etc. told the information regarding some matters that could affect a persons
rights. This means that a positive duty is cast on a person to give certain types of
information without waiting to be asked for it. This would include information on issues
concerning projects that directly affect the people or the environment, information on
health, agriculture, weather conditions etc.
Some Important Questions Relating To RTI Act

Q:-1)
who
can
apply
for
information?
Ans: - any one can apply for the information. Rule of locus standi is not applicable.
Under section 3 of RTI, any citizen of Indian can apply for information under the RTI act.
There is no restriction on age and one or more persons can make an application. As per
a recent central information commission order, applications can also be on letterheads
of
organizations.
Q:-2)
how
can
we
apply
for
information?
Ans:-Draft your application on a plain sheet of p ape and submit it by post or in person
to
the
public
information
officer
(PIO).
Q:-3)
who
will
give
me
information?
Ans:-One or more officers in every public authority have been designated as public
information officers (PIO). These PIOs act like nodal officers. You have to file your
applications with them. They are responsible for collecting information sought by you
from various wings of that public authority and providing that information to you. In
addition, several officials have been appointed as assistant public information officers
(APIOs). Their job is only to accept applications and appeals from the public and forward
it
to
the
concerned
PIO.
Q:-4)
where
can
I
submit
an
RTI
application?
Ans:- To the public information officer or assistant public information officer. 629 posts of
APIOs have been appointed by under the central government department. Website:

http://www.indiapost.gov.in/rti

manual16a.html.

Q:-5)
is
there
any
fees?
Ans:- For central government department, the fees is rs.10/- only. For state government
department,
it
varies
from
state
to
state.
Q:-6) can we get the photocopy of the document from the government
department.
Ans:- For central government department, fee to get photocopy of the document is rs.
2/- per page. For state government department, it varies from state to state.
Q:-7)
can
we
inspect
the
document
under
RTI
act?
Ans:- There is a fees for inspection of documents. For the centre department, there is no
fees for first hour of inspection and thereafter, you have to pay rs.5/- for any
subsequent hour. (for further information relating to relates see annexure 1 of central
government
rules.
Q:-8)
how
can
I
deposit
my
application
fees?
Ans:- It varies from state to state generally it can be paid by cash. (Remember to get
the receipt) Under the central government you can make the payment through demand
draft, banker cheques or postal order. In some states there is a provision of payment by
challan.
Q:-9)
who
is
exempted
from
payment
of
fees?
Ans: - All the persons below-poverty-line (BPL) are exempted from paying any fees. (For
copy
of
central
government
rules
see
annexure
2)
Q:-10)
how
to
find
PIO
of
your
location?
Ans:- 1. Consult to the head of the department in which you want to get the
information.
2.

Simply

go

to

website

http://rti.gov.in

Q:-11)
if
anybody
is
unable
to
locate
PIO?
Ans:- Then address the RTI application to PIO, c/o. Head of department send it to public
authority with requisite fees. The H.O.D will have to forward your application to
concerned
PIO.
Q:-12) is there any time limit to get information from government authority?
Ans:- Within 30 days, but they can delay the answer for further 5 days means strictly
within
35
days.
Note: - in case matter relating to information which affects the life and liberty of an
individual
then
the
information
has
to
be
made
within
48
hours.
Q:-13)
Ans:
a)
b)

can
-

PIO
Only

If

in

refuse
to
following

applicant
Application

accept
cases

addresses
without

RTI
PIO

application?
can
refuse:

other
prescribed

PIO.
fees.

c)
d)

Persons
PIO

seeking

the
has

exemption
to

of

BPL

accept

without
the

proof

of

BPL.

application.

Q:-14) what can you do if the application/application fee is refused by a public

authority
Ans: - Send the application to the PIO by registered post. If this is also refused, then a
complaint under section 18 (1) should be made to the information commission, then the
concerned PIO is penalized u/s. 20(1).

******************
# Research Scholar, Department of Laws, Guru Nanak Dev University, Amritsar, Punjab
# Article 19
of
universal
declaration
of
Human
Rights
# Narinder Kumar, Constitutional law of India, Allahabad law Agency, 2012
# Union of India V. Association for Democratic Reforms AIR 2002 SC2112
#
K.
Ravi
Kumar
V.
Bangalore
University
# Reliance Industries Ltd V.Gujrat State information Commission AIR 2007 Guj 203.
#
Union
of
India
V.
naveen
Jindal
AIR
2004
SC
1559
#
D.C.
Saxena
AIR
1996
SC
2481
#
S.
Rangarajan
V.
P.
Jagjivan
ram
(1989)
2
SCC
574
#
S.
khushboo
V.
Kanniammal
AIR
2010
SC
3196
# Secretary general, Supree cOurt od India V. Subhash Chandra Aggarwal AIR 2010 DEL
159
# Narinder Kumar, Constitutional law of India, Allahabad law Agency, 2012 p 236
#
Union
of
India
V.
Association
for
democratic
reforms
#
AIR
2002
SC
2112
# Union of India V. Association for democratic reforms AIR 2002 SC 2112
#
T.B.U.
L
V.
Union
of
India
AIR
2003
SC
2363
#
AIR
1975
SC
865
# DR. Mohd. Kalee Mullah, Right to information Act,2005-objectives ,landmarks and
emerging dimensions, civil and military law journal, vol 45(3) p 131(1993)
# Avinash Sharma ,Right to information /a constitutional prospective, civil and military
law
journal,
volume
3
&
4
,
2000
p
76
# Avinash Sharma ,Right to information /a constitutional prospective, civil and military
law
journal,
volume
3
&
4
,
2000
p
76
# Lalit Dadwal. Right to informationMDU Law journal , Vol X part-1 (2005)
#
AIR
1982
SC
149
# http://right2info.org/access-to-information-laws. Retrieved on February 6, 2013
# http://en.wikipedia.org/wiki/List_of_countries_by_population. Retrieved on February 6,
2013
#
Bennet
Colman
V.
Union
of
India
AIR
1973
SC
106
#
S.P.
Gupta
V.
Union
of
India
AIR
1982
SC
149
#
AIR
1982
SC
149
#
Essar
oil
Ltd
V.
Halar
utkarsha
Samiti
#
AIR
2004
SC
1834
# Madav Sirinivas, Right to Information act, A Vaccine to Control Corruption, Asia Law
House,
Hyderabad
2006
P
104
# Barowalia (Dr).J.N, Commentary On RTI Act, Universal Law Publication, New Delhi
2006,
P.
19

# Right to Information Act,2005 Primer by Suchi Pandey , Shakher Singh , National

Book Trust- Basant Kunj, Delhi, 2009, India. P 8 - 21