Open Access BASE2015

Court judgments on right to information in India

Abstract

The right to information is implicitly guaranteed by the Constitution but the public authorities denied access to information in the name of official secrets. The Indian Parliament enacted the Right to Information Act, 2005 with a view to set out a practical regime for securing information in the country. Most radical provision of the Act is that the information seekers need not to give any reason for it or prove his locus stand. Good governance requires that civil society has the opportunity to participate during the formulation of development strategies and that directly affected communities and groups should be able to participate in the design and implementation of programmes and projects. The national and regional judicial fora too have recognized the importance of right to information which offers several advantages to the mankind. Jurists have also upheld that right to information is a key livelihood and development issue. The courts have also enlightened the policy makers and administrators about the relevance of right to information from social justice and economic development points of view in India. The courts have clearly pointed out that in a government of responsibility like India people have a right to decide by whom and by what rules they shall be governed. The people are also entitled to call on those who govern on their behalf to account for their conduct. The courts have also emphasized the need for enabling the people to have access to information regarding disputes and legal proceedings. The courts have observed that the people of this country have a right to know every public act, everything that is done in a public way, by their public functionaries.

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Englisch

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