1. RIGHT TO INFORMATION LAW
By
D.C.Gautam
Assistant Professor
B.S.A. Institute of Law Faridabad

2. Why I, Shreya Singhal, Challenged
Section 66(A)
• 24-year-old Shreya Singhal was the first to
challenge Section 66(A) in the Supreme
Court. She's a second-year student at the
Faculty of Law, Delhi University.

3. • I filed the petition challenging Section 66(A) of the IT Act,
2010, in 2012 after the arrests of the two young girls in
Maharashtra, I was so shocked as to why they were
arrested and even more so when I read the section
66(A) under which they were arrested. The continued
misuse of 66A led to arrests in West Bengal and
Pondicherry and it dawned on me that someone had to
do something to stop this gross injustice and perverse
use of laws.

4. • Now, the Supreme Court has upheld this
fundamental right. Freedom of speech and
expression is more vital in today's society than it
has ever been. The Indian society is one that is
diverse and has people of different castes, sex,
religions that have different and dissenting
views. This difference of opinion is what is the
thread of our society and what really defines us
as a democratic and secular country.

5. • “Let noble thoughts come to us from every side”
-Rigveda,1-891
The Real 'Swaraj' will come not by the acquisition of authority by a few
but by the acquisition of capacity by all to resist authority when
abused.
-Mahatma Gandhi
MacBride rightly argues:
“If individuals are to play their part as responsible citizens in the
community at the local national and international level, they must be
adequately informed”

6. Introduction
• “Democracy is government by the people for the
people and of the people”
-Abraham Lincoln
• The Preamble of the constitution of India
declares: “We the people of India having
solemnly resolved to constitute India into a
sovereign, Socialist, Secular, Democratic
Republic and ……….....................................In
our constituent Assembly this twenty six day of
November 1949 do hereby Adopt, Enact and
Give to ourselves this Constitution”

7. Global Perspective
The earliest reference to the Right to
Information is found in Sweden where in
1776 a convention of granting Right to
Information to all its citizens was passed.
Sweden tops the list of nations to be the
least corrupt country as per
Transparency International's index.

8. The UN general assembly passed a
resolution in 1948 declaring freedom of
information as fundamental human right
thus recognizing people's right to have
access to official information

9. Fifty six countries in the world have already
enacted acts providing right to information
the Right to Information is a global
phenomenon. Most of the democratic
countries have recognized the Right to
Information in one way or the other.
International experience shows that it can
also be co-related to development

10. • Most Indians have access to a smart phone or computer,
and in turn, the internet. It has become the one medium
that has the widest reach and is the most accessible. It is
widely used to voice opinions and thoughts. The same
thoughts and opinions which, if, were voiced on other
media (newspapers, article, television, etc.) would not
have been prosecuted, which is what 66(A) was doing.
The internet is a popular medium for people to express
themselves and the expression is our right that must be
cherished and protected.

11. Constitutional Aspect of The
Right to Information
• Article 19(1) a of the Indian Constitution says that – All Citizens
shall have the right to freedom of speech and expression
• Under Art.19(1) a of the Indian Constitution the citizen of India have
been given the Right to Freedom of Speech and expression. But
without access to information this right was incomplete. Evolution of
the Public Authorities and the governance is impossible without
factual current/updated and primary information.
• The Public Authorities always kept guard on each Information. The
tragedy was that the bureaucrats were having the weapon of Official
Secrets Act 1923. Similarly The Judiciary has the Contempt of Court
provisions and the legislature have the Parliamentary Privileges
• It was impossible for the journalist to go into the depth of any matter
properly under these constraints. Now with the legislation of Right to
Information it has become a tremendous weapon for the common
people and the media as well.
• I was denied for a single word, today I have the complete file.

12. The Role of Indian Judiciary
• Indian Judiciary played a pro-active role in the growth of Right to
Information. The nature of this right and the relevant restriction has
been discussed by the Supreme Court in a number of cases as
follows:
• In Bennett Coleman V. Union of India AIR 1973 SC 60 the
Supreme Court has held that Right to freedom of speech and
expression guaranteed by Art. 19(1)a of the Indian constitution
includes Right to Information
• In State of U.P. V. Raj Narayan (1975) 4 SCC 428 the Supreme
Court Observed that the people of this country have a right to know
every public act, every thing that is done in a public way by their
public functionaries. Further it is not in the interest of public to ‘cover
with a veil of secrecy the common routine business……the
responsibility of officials to explain and to justify their acts is the
chief safe guards against oppression and corruption’

13. • In S.P.Gupta V. Union of India AIR 1982 SC 149 S.C.
It was for the first time that a ruling was given by the
Supreme Court in 1982 to the effect that 'Disclosure of
Information as regards the functioning of Government
must be the rule and secrecy an exception'. .
In PUCL V. Union of India AIR (2003) 4 SCC 399 S.C.
held that true democracy can not exist unless the citizen
have a right to participate in the affairs of the policy of
the country. The right to participate in the affairs of the
country is meaningless unless the citizens are well
informed on all sided issues in respect of which they are
called upon to express their views.

14. • In Cricket Association of Bengal Case it
was held that the right to impart and
receive information from electronic media
is a part of the Right to Freedom of
speech and expression. That the Right to
information is a Fundamental Right under
Art.19(1)a of the Indian Constitution is now
well-settled.

15. Factors Restricting to Free Flow
of Information.
• 1.Official Secrets Act 1923
• 2.Contempt of Court
• 3.Parliamentary privileges
• 4.Indian evidence Act
• 5.To Protect Corruption
• Mind Set of Public Authority
• 6.Exposure of the RTI Act
• 7.Illiteracy
• 8.Unawareness
• 9.Assault on RTI Activist

16. Major Objectives of the RTI Act:
• 1.Greater Transparency in functioning of Public
Authorities.
• 2.Improvement in Accountability and performance of
the Government.
• 3.Promotion of Partnership between citizens and the
Government in decision making process; and.
• 4.Reduction in Corruption in government department.
• 5.Proactive and Suo motu Disclosure of Information.
• 6.Promote Information Literacy.

17. Right to Information Act 2005
• Sec.1. Short title, Extent and Commencement
• (1) This Act may be called the Right to
Information Act 2005
• (2)It Extends to the whole of India except
Jammu and Kashmir.
• (3)The provisions of sub-section(1) of section
4,sub-section(1) and (2) of section 5,section
12,13,15,16,24,27and28 shall come in to force
at once and the remaining provisions of this act
shall come into force on the one hundred and
twentieth day of its enactment.

18. Section 2.Definitions:
• 1.Information means any material in any form, including records,
document, memos, e-mails, opinions, orders, logbooks, contracts,
reports, papers, samples, models, data materials held in any
electronic form
• (2) Public Authority means any authority or body or Institution of
self Government established or constituted-
• (a) by or under the constitution;
• (b) by any other law made by Parliament;
• (c) by any other law made by the state legislature;
• (d) by notification issued or order made by the appropriate
government and includes any –
• (i) body owned controlled or substantially financed;
• (ii) non government organization substantially financed directly or
indirectly by fund provided by the appropriate government;

19. • (3) Right to Information means the right to information
accessible under this act which is held by or under the
control of any public authority and includes the right to-
• (i) inspection of work, documents, or records;
• (ii) taking notes or certified copies of documents or
records ;
• (iii) taking certified samples of material;
• (iv) obtaining information in the form of floppies, video
cassettes, tapes, or any other electronics mode or
through printout where such information is stored in
computer or in any other device;

20. • Right Limited to citizens only
• Obligations of Public Authority
• Appointment of PIO
• Necessity of Appointment of APIO