Democracy thrives on transparency. The transition from the colonial Official Secrets Act, 1923 to the era of open government represents a massive milestone in Indian administrative law.
1. Right to Know under Article 19(1)(a)
In the landmark case of State of UP v. Raj Narain (1975), the Supreme Court established that the right to know about public affairs is an integral part of the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.
2. Primary Provisions of the RTI Act, 2005
The Right to Information Act, 2005 codifies this right, allowing citizens to demand records and documents from any "Public Authority":
- Public Authority (Section 2h): Includes any body established under the Constitution, by Parliament, by State Legislature, or any NGO substantially funded directly or indirectly by the government.
- Proactive Disclosure (Section 4): Mandates that every public authority must publish details of its organization, powers, rules, and budget directories to minimize the need for filing applications.
- Timelines for Delivery (Section 7): An application under Section 6 must be responded to within 30 days. Crucially, if the information requested concerns the life or liberty of a person, it must be provided within 48 hours.
3. Statutory Exemptions from Disclosure (Section 8)
Under Section 8, a public authority can refuse to disclose information in specific scenarios, including:
- Where disclosure would affect national security, sovereignty, or foreign relations.
- Cabinet papers, including records of deliberations of the Council of Ministers (though decisions made must be made public after the decision is completed).
- Information held in a fiduciary relationship, or containing trade secrets and intellectual property, unless a larger public interest warrants disclosure.
- Personal information which has no relationship to any public activity, violating individual privacy.