Browsing by Subject "Right to Information"

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Open Access
Right to Information and Good Governance: A Technical Dimension
(University of North Bengal, 2020-03) Ghatani, Swarnim
The people's democratic responsibilities do not just begin or end with the right to cast their votes; they are also required to nurture the democratic system in the day- to- day functioning towards better Governance. While transparent Governance is an essential feature to restore accountability and increase in efficiency, accountability of the Governor to be governed is also an essential feature of good governance. The Right to Information is one such dimension that creates an environment of sharing of information and provides to each and every citizen of India the basic Constitutional and democratic right to gain access to certain information held by the Public Authority. The Right to Information can be said to have been heralded as one of the most significant reform towards the onset of public administration in India. This far reaching law is like a ray of hope which has the ability to disperse the darkness of secrecy and bad effects of corruption, and ensure transparency and accountability which are the hallmarks of an efficient and good going Governance. It basically acts as a catalyst which facilitates the onset of a new value system and rejuvenation of hope in order to establish a better, educated and a happier society.
Open Access
Right to Information: A Quest for Constitutional Jurisprudence
(University of North Bengal, 2021-03) Paul, Partha Pratim; Das, Biswajit
In Secretary, Ministry of Information and Broadcasting v. Cricket Association of Bengal, (a three judge Bench, B.P Jeevan Reddy. J concurring) Supreme Court has declared that “The freedom of speech and expression guaranteed Article 19 (1) (a) includes right to acquire information and to disseminate it”. Article 19 (1) (a) does not specifically define the meaning of “Freedom of Speech and Expression” and has also not declared what it ought to be and ought not to be and very eloquently connected the indispensability of information and exercise of speech or expression in a democratic country like India. Therefore, the recognition of “Right to Information” as Fundamental Right is one of the milestones in the way of development of Constitutional jurisprudence of India. Later on in 2005, another milestone was constructed when as part of statutory recognition, Right to Information Act has been enacted by Parliament of India, which has framed up necessary guidelines. In the context of this Constitutional and legal frameworks, basically three aspects have been looked into. Firstly, by tracing the origin of this Constitutional development, the Supreme Court recognised “Freedom of Press” as Fundamental Right. This declaration paved the way for discovering many unnamed rights into Article 19 (1) (a). Secondly, as far as “Right to Information” is concerned, the judgments which are credited to make the prelude to “Right to Information” becoming the Fundamental Right have been deeply analysed. Thirdly, Rule of interpretation of Constitution especially Fundamental Rights have also been deliberated upon along with the significance of Fundamental Rights. Finally, the judgment in Ministry of Information and Broadcasting v. Cricket Association of Bengal, has been critically analysed only to find out that that there are ten numerous flaws inherent in the judgment for which “Right to Information” stands on a very weak jurisprudential (Fundamental Rights) foundation. This achievement could not become a full bloomed success-it is partial in nature, for which the article gives some recommendations to make “Right to Information” a strong and positive Fundamental Right.