right to information

The Supreme Court read the right to know into the freedom of speech and expression in State of U.P. v. Raj Narain and later cases. The Right to Information Act, 2005 makes it a statutory right: any citizen may request information from a public authority (s.6), and the Public Information Officer must reply within thirty days, or forty-eight hours where life or liberty is involved (s.7). “Information” and “right to information” are defined in s.2(f) and s.2(j).

Exemptions are in s.8, including information affecting sovereignty and security, cabinet papers, and personal information (s.8(1)(j), amended by the Digital Personal Data Protection Act, 2023). Section 24 excludes certain intelligence and security organisations, except for information on corruption and human rights violations. Appeals lie to the first appellate authority and then to the Information Commission (s.19). Private bodies are covered only if they are “public authorities” under s.2(h).

Example

The applicant sought his own answer sheets under the RTI Act, 2005, and the university had to supply them within thirty days under s.7.

In Indian law

• Sections 2, 6, 7, 8 and 19, Right to Information Act, 2005
• State of U.P. v. Raj Narain, 1975 INSC 14: right to know under Article 19(1)(a)

See also

freedom of speech and expression · right to privacy · fundamental rights

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Public corporations and public undertakings: status, classification, liability and control (Administrative Law)
• Corruption, maladministration and the ombudsman: Lokpal and Lokayukta (Administrative Law)
• Duties of banker and customer: honouring cheques and secrecy of accounts (Banking Law)
• Letters to the consumer commission, Lok Adalat and RTI applications (Business Communications)
• The MRTP Act, 1969, the Raghavan Committee and the Consumer Protection Act (Competition Law)