Right to Information: Constitutional Perspectives and Judicial Response

Abstract

The Right to freedom of speech and expression guaranteed under article 19( 1 )(a) of Indian Constitution is the source of Right to Information Law. Information is power. Information is knowledge. Background Right to Information is increasingly being recognised as a necessary condition to achieve accountable, transparent and participatory governance and people-centred development. While a conducive legal and constitutional environment in support of this right always existed in India, as reflected in the Constitution and various Supreme Court judgments among others, it was the work of the civil society organisations at grassroots level and their strong advocacy that led to the enactment of right to information legislation in India - first at the sub-national and then at the national level1. The right to information existed in Sweden in 1766 known as Freedom of Press Act. Scandinavian countries, U.S.A, U.K, Norway, Denmark, Australia, France and other countries enacted legislations on right to information. The Right to Information has been recognised as a basic human right at global level. Many countries have signed international conventions which guarantee this right. Article 19 of Universal Declaration of Human Rights 1948 and the International Covenant on Civil and Political Rights 1966, article 13 of UN Convention on Rights of the Child 1989, article 10 of European Convention on Human Rights 1950, article 9 of the African Charter on Human and Peoples Rights 1981, and the American Convention on Human Rights 1969 deal with the right to freedom of information, thought and expression. In India the Supreme Court judgments, social movements like Majdoor Kisan Sakthi Sangathan (MKSS), Parivartan, Commonwealth Human Rights Initiative Centre for Media Studies, National Campaign of People’s Right to Information, and advocacy of media organised mass movements demanding right to information which resulted in the enactment of Right to Information Acts by the States like Goa, Tamil Nadu, Rajasthan, Karnataka, Madhya Pradesh, Maharashtra, Orissa, Assam, Jammu & Kashmir and Delhi, and legislation of Freedom of Information Act 2002 and Right to Information Act, 2005 which came into effect from 12th October 2005, at Central level. Right to Information rules were framed by Government of India by Ministry of Personnel, Public Grievances and Pensions and Information Commissions were constituted and have been functioning for the last two years. The central legislation viz. Freedom of Information Act 2002 was repealed.