Content text Notes of Right to Information - 2025.pdf
1 | Page FREE OF COST For getting the Answers/Notes and others queries may contact with.... SK IRFAN HABIB UTSAV DAS (91) 6295695267 (91) 8910310416 R I G H T T O I N F O R M A T I O N 1)"Democracy requires free flow of information” describe the statement with supreme court cases. The statement "Democracy requires free flow of information" speaks to a fundamental principle that the health and functioning of a democracy depend on the free exchange of information among the public, the media, and the government. Free access to information allows citizens to make informed decisions, hold the government accountable, and participate actively in civic affairs. Several Supreme Court cases in India have upheld the importance of free speech and the free flow of information as essential for a functioning democracy. Here are a few landmark Supreme Court cases that describe and elaborate on this statement: 1. State of Uttar Pradesh v. Raj Narain (1975) In this case, the Supreme Court emphasized the importance of the right to information, stating that "the people of this country have a right to know every public act, everything that is done in a public way, by their public functionaries." The case centered around the right to know about the government's actions and was pivotal in recognizing that transparency and access to information are essential for democracy. The Court also observed that the freedom of speech and expression includes the right to receive information, and the state cannot withhold information from the public
2 | Page FREE OF COST For getting the Answers/Notes and others queries may contact with.... SK IRFAN HABIB UTSAV DAS (91) 6295695267 (91) 8910310416 unless there's a reasonable justification, such as national security concerns. 2. Ministry of Information and Broadcasting v. Cricket Association of Bengal (1995) In this case, the Supreme Court held that the right to receive information is an essential aspect of the right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution. The case involved the broadcasting of cricket matches and whether the government had the authority to control the dissemination of such information. The Court ruled that the public had the right to access information, in this case, televised sporting events, as it was a matter of public interest. The Court stated that the right to information, coupled with the right to communicate and receive information, plays a crucial role in the functioning of democracy. 3. Central Public Information Officer v. Subhash Chandra Agarwal (2019) This case involved the interpretation of the Right to Information Act (RTI). The Supreme Court upheld that the right to information is integral to the right to freedom of speech and expression. The Court ruled that "the right to information is a basic right under Article 19(1)(a) of the Constitution", which is necessary for informed participation in a democracy. The case reaffirmed that access to information, especially
3 | Page FREE OF COST For getting the Answers/Notes and others queries may contact with.... SK IRFAN HABIB UTSAV DAS (91) 6295695267 (91) 8910310416 regarding government functioning, is essential for citizens to exercise their democratic rights effectively. 4. People’s Union for Civil Liberties v. Union of India (1997) In this landmark judgment, the Supreme Court held that the right to information is an essential part of the freedom of speech and expression guaranteed under Article 19(1)(a). The Court stated that democracy cannot function properly without an informed electorate, and access to information is necessary to ensure transparency and accountability in government. 5. Secretary, Ministry of Information and Broadcasting v. Cricket Association of Bengal (1995) In this case, the Supreme Court further elaborated that the freedom of speech and expression includes the right to access information, especially when it pertains to matters of public interest. The Court emphasized that the free flow of information enables people to make informed decisions, and it is a necessary condition for the functioning of a healthy democracy. 6. R. Rajagopal v. State of Tamil Nadu (1994) This case, also known as the "Right to Privacy" case, dealt with the question of whether a person has a right to privacy over matters of public interest. The Supreme Court ruled that the right to free speech and expression includes the freedom to publish matters of public concern. The Court emphasized that the press and
4 | Page FREE OF COST For getting the Answers/Notes and others queries may contact with.... SK IRFAN HABIB UTSAV DAS (91) 6295695267 (91) 8910310416 media play a key role in the dissemination of information and the functioning of democracy. It held that the freedom of speech and expression is an indispensable element for the proper functioning of democratic institutions. Conclusion: These cases underscore the vital role of the free flow of information in a democratic society. The judiciary in India has consistently emphasized that an informed citizenry is crucial for the proper functioning of democracy, and that the right to information is an essential component of the right to freedom of speech and expression. Without the free flow of information, democratic processes such as public discourse, political participation, and government accountability would be undermined. Therefore, access to information is considered not just a legal right but a fundamental democratic necessity. 2)Describe the role of public authority. What are the information exempted from disclosure? Role of Public Authority In a democracy, public authorities play a crucial role in ensuring that government functioning is transparent and accountable to the citizens. Public authorities are bodies or institutions that function on behalf of the government and are responsible for managing public resources, implementing policies, and providing services to the public. Under the Right to