Right to Information
/raɪt tuː ˌɪnfəˈmeɪʃən/
Statutory Right / Constitutional Right
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Definition
The right of citizens to access information held by public authorities, recognised in India under the Right to Information Act, 2005 (RTI Act). It flows from the fundamental right to freedom of speech and expression (Article 19(1)(a)) and the right to life (Article 21). The RTI Act requires public authorities to proactively disclose information and respond to information requests within 30 days. Exemptions exist for national security, personal privacy, and cabinet deliberations.
Examples
Case Study
In Association for Democratic Reforms v. Union of India (2002), the Supreme Court held that voters have a fundamental right under Articles 19 and 21 to know the criminal antecedents, assets, and educational qualifications of candidates contesting elections — a precursor to the RTI Act. After RTI was enacted, the Supreme Court in CBSE v. Aditya Bandopadhyay (2011) clarified that 'information' under RTI is broadly defined but fiduciary information (like exam answer sheets given in confidence) may have limited disclosure.
Key Cases
Association for Democratic Reforms v. Union of India
2002AIR 2002 SC 2112
Pre-RTI landmark. Held that voters' right to know candidates' criminal background and assets is a constitutional right under Articles 19 and 21. Led to Election Commission disclosures and later the RTI Act.
View on Indian Kanoon →Central Public Information Officer, Supreme Court v. Subhash Chandra Agarwal
2019(2020) 5 SCC 481
Constitution Bench held that the Supreme Court's collegium decisions and judges' asset declarations are covered by RTI. The office of Chief Justice of India is a 'public authority' under the RTI Act.
View on Indian Kanoon →