Right to Information: A Quest for Constitutional Jurisprudence
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Type
Article
Date
2021-03
Journal Title
Indian Journal of Law and Justice
Journal Editor
Bandyopadhyay, Rathin
Journal ISSN
Volume Title
Publisher
University of North Bengal
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452Citation
Paul, P. P., & Das, B. (2021). Right to Information: A Quest for Constitutional Jurisprudence. Indian Journal of Law and Justice, 12(1), 147–173. https://ir.nbu.ac.in/handle/123456789/4144
Authors
Paul, Partha Pratim
Das, Biswajit
Advisor
Editor
Abstract
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.
Description
Keywords
Right to Information, Right to Freedom of Speech and Expression, Constitutional Jurisprudence
Citation
Accession No
Call No
Book Title
Edition
Volume
ISBN No
Volume Number
12
Issue Number
1
ISSN No
0976-3570
eISSN No
Pages
Pages
147 - 173