The Right to information laws has been in existence since 1776, when Sweden passed its Freedom of Press Act, which requires disclosure of official documents upon request.
The right to information and freedom also has been recognized fundamental human rights, under Article 19 of the Universal Declaration of Human rights, 1948. The movement of right to information can be traced back to the grassroots struggle of the rural to fight against corruption in their areas affecting their livelihood and justice.
The Supreme Court of India in State of Uttar Pradesh Vs Raj Narain recognized the right to information and held that In a government of responsibility like ours, where all the agents of public must be responsible for their conduct, there can be few secrets, every thing that is done in a public way by the public functionaries.
They are entitled to know, the particulars of every public transaction in all its bearing. Their right to know, which is derived from the concept of freedom of speech, through not absolute, is a factor, which should make one wary when secrecy is claimed for transactions which can at any rate have no repercussion on public security. To cover with veil secrecy, the common routine business is not in the interest of the public. Such secrecy can seldom be legitimately desired. It is generally desired for purpose of parties and politics or personal self-interest or bureaucratic routine. The reasonability of officials to explain and to justify their acts is the chief safeguard against oppression and corruption.
Further a Seven Bench of the Supreme Court in SP Gupta Vs Union of India recognized the right to information as a Fundamental Right under Article 19 1(a) of the Constitution. The Court declared that there is also in every democracy a certain amount of public suspicion and distrust of government, varying of course from time to time according to its performance, which prompts people to insist upon maximum exposure of its functioning.
This story is from the September 2018 edition of LawZ Magazine.
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This story is from the September 2018 edition of LawZ Magazine.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
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