2. A baby disowned by its parents
• The normal rule of the govt.is classified
information astop secret,secret,confidential
and personal not for publication
• Denial of information
3. Legal system of the country
It can be divided in to:
• Laws governing the state-eg
Constitutional law and administrative
law
• Laws by which the state regulate the
conduct of people eg. IPC,Law of
contract etc
4. Provision in the constitution
• Relation between the union and the state
• How the state organs are constituted
legislature,executive and judiciary
• Functions and powers of the different
organs and judicial review
• Mutual relationship eg. delegated
legislation
• Fundamental rights
5. Art. 19 Right to freedom
• Available only to citizens
• Guarantees 6 freedom subject to reasonable
restrictions
• Freedom of speech and expression
• Freedom of assembly
• Freedom of association
• Freedom of movement
• freedom of residence
• Freedom of trade commerce and business
6. State of U.P. Vs Rajnarain
• UP govt.claimed privilege of the blue book
containing the rules and regulations for the
security of P.M. while on tour and travel.
• Court referred Sodhi Sukhdev Singh’s case
wherein it was held that the court has no power
toinspect the document
• In Amarchand Butail Vs UOI AIR1964 SC1658
the state claimed privilege when contractor
claimed certain document and the court held that
the documents has to be produced for the
inspection of the court.
Conti….
7. State of U.P. Vs Rajnarain
• Referring the above court held “in a govt
of responsibility like ours where all agents
of the public must be responsible for their
conduct there can be few secrets. The
people of this country have a right to know
everything done by public functionaries
8. Dinesh trivedi,MP vs UOI
• Vohra committee constituted to take the stock of
all information of the mafia organisation
• Trivedi participated in the debates demanded to
publish but refused.
• Since it was tabled in the parliament it is public
document
• to ensure participation of the people in the
democratic process they must be informed of the
vital decision taken by the govt. democracy
expects openness. It is axiomatic that citizens
have right to know the affairs of govtwhich is
elected by them.
9. P.U.C.L.vs UOI
• Voters right to know the antecedent of the
candidates
• Democratic republic is the basic structure
of const,
• Free and fair election-voters must be well
informed
• Sufficient assets –not tempted to
accumulate wealth.
10. PUCL contd..
• Exposure to public scrutiny-clean and less
polluted will govern.
• A voter is a master of his vote and he must
have necessary information so that he
intelligently decide
• The little man will think once before
making his choice of electing law breakers
as law makers.
11. More case laws
• 1. LIC vs. Manubhai shah AIR 1993 SC 171-
LIC must function in the best interest of the
community and the community is entitled to
know wh. LIC is functioning as per statute
• Secretary, Ministry of I&B vs Cricket
Association of Bengal AIR1995 SC 1236-Right
to participate in the affairs of country is
meaningless unless the citizens are informed of
all sides of issues.
12. Right to Information Vs Right to
privacy
• Right to privacy is not enumerated in Oart
III but inferred from Art.21
• Kharak singh vs.UP AIR1963 Sc1295
• Rajgopal vs T.N.AIR1995 SC 264
13. Mr. X vs Y hospital
• Contended the disclosure of information
damaged his reputation and required to be
secret under the medical ethics was
disclosed illegally,damages must be paid.
• Not violative of confidentiality but the girl
was saved by such disclosure
14. I.N. Code of medical ethics
• Physician must preserve absolute
confidentiality of all he knows about his
patient even after the patient dies.
• When there is clash of 2 ,F.R.the right to
privacy and the right to proposed wife’s
right to lead a healthy life the right which
advance the public interest or morality
shall be enforced through the court.
