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sumit srivastava (Advocate)     13 August 2008

Query about RTI Act.

hi everyone,

i am new to this forum and want to know that whether right to information is a fundamental right or not and if possible relevant case laws on it.


 10 Replies

R.Chandrasekar (Lawyer)     13 August 2008

Right to information is a fundamental right. But now it is a statutory obligation of the officer to furnish the information. The duty casts upon the person who denies information under malafides or ingorance of the act

smith sharma (lecturer)     13 August 2008


   Mr. Sumit,

                        RTI is  a fundamental right.It's realy imp. 4 commom public.


With regards

Mis. Smith Sharma{Lawyer}


Srinivas.B.S.S.T ( Advocate)     13 August 2008

Mis, Smith Sharma RTI Act is a boon to
common people but no common people know about that . Its a bounded duty
upon our advocate clan to educate the people. So keep doing that.

J. P. Shah (RTI & CONSUMER ACTIVIST)     15 August 2008

It is fundamental right under article 19 [1] [a]. I have nearly 15 files posted on RTI on this website.

Srinivas.B.S.S.T ( Advocate)     15 August 2008

Yes sir as you said it is a fundamental right and as others fundamental rights it is still a myth in general public

J. P. Shah (RTI & CONSUMER ACTIVIST)     19 August 2008

U r right, but citizens have to exert their rights. U cannot expect some one to give of his own volition. The govt has made arrangements, one has to avail it.

Adv.Shine Thomas (Advocate)     11 September 2008

RTI is a fundamental right.

ca.bhupendrashah (FCADISA)     11 September 2008

but practically its success is really limited !

mansi (advocate)     12 September 2008

RTI is definately our funadamental rt. It has been provided to all citizens of India.It has also been guaranteed by the constitution of India under art 19

Shree. ( Advocate.)     12 September 2008

Dear Sumit,

    At this juncture, it is imperative to note that the Supreme Court, in State of U.P v. Raj Narain - a 1974 case, recognized the ‘right to know’ as a right inherent in Fundamental Right to freedom of speech and expression guaranteed under article 19(1)(a) of the Constitution. Following this, a plethora of cases the right to information was recognized as a right implicit in the article 19(1)(a) and in article 21 (fundamental right to life and personal liberty).

In Peoples Union for Civil Liberties v. Union of India , the Supreme Court observed that in

Right of information is a facet of the freedom of ‘speech and expression’ as contained in Article 19(1)(a) of the Constitution of India. Right of information, thus, indisputably is a fundamental right.


    However, every time the Constitution is amended, the ‘basic structure’ test laid down in Keshavanada Bharti Case has to be satisfied. The test provides that a constitutional amendment should not be in derogation of the basic features of the Constitution like judicial review, democracy or Rule of Law. While including the right to information is as a fundamental right, if at all there is any effect on any of the basic structure it would be in the nature of strengthening the democracy and making it progressive, as envisaged by the makers of our Constitution.


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