CONSTITUTIONAL DEVELOPMENTS OF RIGHT TO

INFORMATION
• Various movements in India not aimed at bringing a legislation but to
set up a favorable condition for exercising of the right to know.

• Legal position wrt RTI had developed through several judicial

decisions given in context of Chapter 3 of the Constitution but
specifically under Freedom of Speech & Expression.

• Development in this direction commenced with petitions of the

press/media for enforcement of their freedom of speech & expression
• Landmark case on freedom of press in India is Bennett Coleman v.
UoI.

• Manubhai D Shah v. LIC- Held that if an official media or channel

was made available to one party to express its views or criticism, the
same channel would also be made available to another contradictory
view.

• Developments in administrative law further shaped this right –State of

U.P. v. Raj Narain
• Even with numerous case laws, attitude of the legislature was negative
towards giving cognizance to the right to know.

• In such a scenario, only way to enforce the right, for a common man,
was to approach the courts.

• National campaign for RTI saw this as an opportunity and filed a

petition for the enforcement of this right as a facet of Art 19(1).
• Romesh Thapar v. St of Madras AIR 1950 SC 124- Freedom of speech
& expression lay at the foundation of all democratic set ups. And
includes freedom of press.

• Right to know falls under the purview of Right to freedom of speech

& expression.

• S.P.Gupta v. UoI (1981) Supp. SCC 87- if disclosure of document

contrary to public interest, such a disclosure would be exempted on
the said ground.
• Art 19(2)- reasonable restriction-
i. Sovereignty and integrity of India,
ii. Security of the State
iii. Friendly relations with foreign States
iv. Public order
v. Decency or morality
vi. Contempt of court
vii. Defamation
viii. Incitement to an offence