CONSTITUTIONAL BASIS

RIGHT TO INFORMATION
RTI in Indian Constitution

 There was no expressed (specific) right to information in the Constitution of India . But,
there is strong constitutional basis of RTI in India i.e. there is inherent RTI in Indian
Constitution.
Preamble

 As the preamble describes, one of the significant objectives of Indian Constitution is to

secure liberty of thought and expressions to the citizens of India. The liberty of thought and
expressions can never be secured until and unless the citizens have right to information.
Article 14

 This article guarantees right to equal protection of the laws and the right to equality before
the law, With reference to this Article, if government officials have information, it must be
provided to other citizen also to assure equality among citizens. Delegation of discretionary
powers to government officials in furnishing information creates a danger of
discrimination, which is subversive to the Equality Doctrine enshrined in Article 14 of the
Constitution. Thus, under Article 14, every citizen must have equal right to information.
Article 19 (1) (a)

 This provision guarantees the fundamental right to free speech and expression, which
includes within it the right to access information. The pre -requisite for enjoying this right
is knowledge and information. Thus the right to information becomes a constitutional right
as the right to free speech also guarantees right to receive and collect and information.
Article 21

 This article talks about right to life and personal liberty, which includes the right to know
about things that affect our lives. The expression ―life and personal liberty ―is a broad
term, which includes within itself variety of rights and attributes. The Supreme Court read
into this article as a broad right to include right to know within its purview. The apex court
held that right to know is a necessary ingredient of participatory democracy. It is
wide enough to expand to a full range of rights including the right to hold a particular
opinion and the right to sustain and nurture that opinion. It confers on all persons a right
to know which includes right to information.
Article 32

 This article guarantees a right to constitutional remedies on the situation of a violation of

the fundamental right of any citizen. Thus, right to information must have been guaranteed
to the citizens.
Article 39(1) (b) &(C)

 This provides for adequate means of livelihood, equitable distribution of material resources
of the community, to check concentration of the wealth and means of production. All these
rights would be remained unfulfilled if right to information is not guaranteed ahead of
these rights.
Article 51A

 The constitution also imposes certain duties upon the citizens under Article 51A. A fully
informed citizen is better equipped for the performance of these duties.

 Beside aforementioned articles, the other articles that give right to information under Indian constitution
are Articles 311(2) and 22(1). Article 311(2) provides for a govt. servant to know why he is being
dismissed or removed or being demoted and representation can be made against the order. By way of
Article 22(1) a person can know the grounds for his detention. In Essar Oil Ltd vs. Halar Utkarsha
Samiti AIR 2004 SC 1834, the SC held that right to information emerges from right to personal liberty
guaranteed by article 21 of constitution.

 Interpretation clearly shows the strong constitutional basis of RTI in India, and proves inherent RTI in
Indian Constitution.