Chapter-1
Introduction
CHAPTER-1
INTRODUCTION
“Give me the liberty to know, to utter, and to argue freely according to conscience
above all liberties”
– John Milton, Areopagitica1
1.1 INTRODUCTION
Speech is God’s gift to mankind. Through speech a human being conveys his thoughts,
sentiments and feeling to others. The freedom of speech and expression is a natural
right, which a human being acquires by birth. It is, therefore, a basic human right.2
Freedom of speech is the bulwark of democratic government. This freedom is essential
for the proper functioning of the democratic process. The freedom of speech and
expression is regarded as the first condition of liberty. It occupies a preferred position in
the hierarchy of liberties giving succour and protection to all other liberties. It has been
truly said that it is the mother of all other liberties.3
In a democracy, freedom of speech opens up channels of free discussion on issues.
Freedom of speech plays a crucial role in the formation of public opinion on social,
political and economic matters.4 A democratic government attaches great importance to
this freedom because without the freedom of speech, appeal to reason, which is the
basis of democracy, cannot be made.5 The Supreme Court observed in Dinesh Trivedi,
M.P. and Others v. Union of India6 “Democracy expects openness and openness is
concomitant of a free society and the sunlight is a best disinfectant.”
1
Retrieved from <http://www.goodreads.com/quotes/57735-give-me-the-liberty-to-know-to-utter-andto> visited on 17-09-2009.
2
Life Insurance Corporation of India v. Mannubhai D. Shah, AIR 1993 SC 171. Relied on Article 19 of
Universal Declaration of Human Rights.
3
Report of the Second Press Comm., Vol. I, 34-35.
4
M.P. Jain, “Indian Constitutional Law” Wadhwa and Company Nagpur, New Delhi, 2003, p. 1152.
5
V.N. Shukla, “The Constitution of India” Eastern Book Company, New Delhi, 2004, p. 105.
6
(1997) 4 SCC 306.
1
Justice P.N. Bhagwati has emphasized on the significance of the freedom of speech and
expression in these words:
“Democracy is based essentially on free debate and open discussion, for
that is the only corrective of government action in a democratic set up. If
democracy means government of the people, it is obvious that every
citizen must be entitled to participate in the democratic process and in
order to enable him to intelligently exercise his right of making a choice,
free and general discussion of public matters is absolutely essential.”7
The Hon’ble Karnataka High Court held that Article 19(1)(a) of the Constitution
provides the freedom of speech and expression because the governmental functions
must be transparent and the three instrumentalities i.e. legislature, executive and
judiciary of the State should be prevented from deceiving people.8
The object of fundamental rights is to establish ‘rule of law and not of men’. There
should be no scope for the tyranny of the majority over the minority. They should
provide certain standards of conduct, citizenship, justice and fairplay. The Constitution
of India has swept away privileges and provided for perfect equality between one
section of the community and another in the matter of all those rights which are
essential for the material and moral perfection of man. Dr. B.R. Ambedkar said that
“the object of the fundamental rights ‘is two fold’. Firstly, every citizen
must be in a position to claim these rights. Secondly, they must be
binding upon every authority. I shall presently explain what the word
‘Authority’ means – upon every authority which has got either the power
to make laws or the power to have discretion vested in it.”
Fundamental rights were deemed essential to protect the rights and liberties of the
people against the encroachment of the power delegated by them to their Government.
Fundamental rights are restrictions or limitations upon all the powers of the
Government, Legislative as well as Executive and they are essential for the preservation
of public and private rights, notwithstanding the representative character of political
instruments.9 So, fundamental rights are free from political stunt. These rights are
regarded as fundamental because they are most essential for the attainment by the
7
Menaka Gandhi v. Union of India AIR 1978 SC 597: (1978) 1 SCC 248.
K. Ravikumar v. Bangalore University, AIR 2005 Kar. 21.
9
Hartado v. People of California, 28 Led 232 (per Mathews J.).
8
2
individual or his full intellectual, moral or spiritual status. The negation of these rights
will keep the moral or spiritual life stunted and his potentialities undeveloped. The
advocates of inclusion of these rights in the Indian Constitution emphasis that their
incorporation in the Constitution vests them with a sanctity, which the legislators dare
not to violate so easily. The declaration of fundamental rights is a kind of reminder to
the Government in power that certain liberties guaranteed by the Constitution are to be
respected.
Article 19(1)(a) of the Constitution of India guarantees to all citizens the right to
‘freedom of speech and expression’. The freedom of speech and expression means the
right to express one’s views, convictions and opinions at any issue freely through any
medium, e.g. by words of mouth, writing, printing, films, pictures, movies etc. The
expression ‘freedom of speech and expression’ in Article 19(1)(a) has been held to
include the right to acquire information and disseminate the same. It includes the right
to communicate it through any available media whether print, electronic, or audiovisual, such as, advertisement, movie, article or speech, etc.
The Supreme Court has given a broad dimension to Article 19(1)(a) by laying down the
proposition that freedom of speech involves not only communication, but also receipt of
information. Communication and receipt of information are the two sides of the same
coin. The right to know is a basic right of the citizens of a free country and Article
19(1)(a) protects this right. In other words, the right to receive information springs from
the right to freedom of speech and expression enshrined in Article 19(1)(a). The
freedom to receive and to communicate information and ideas without interference is an
important aspect of the freedom of speech and expression. Without adequate
information, a person cannot form an informed opinion.10
In democratic countries at the present moment the accent is on open Government. 11 In
this area what is necessary is to draw a balance between secrecy and openness with an
accent on the later. Participation in Government by the people is regarded as an
10
M.P. Jain, “Indian Constitutional Law” Wadhwa and Company Nagpur, New Delhi, 2003, p.11541155.
11
Campbell, Public Access to Government Document 4.1 Australia L.J. (1967-68) N.T. Chaturvedi (ed)
Secrecy in Government (1980) R. Wraith Open Government S.R. Maneswari Open Government in India.
3
important aspect of democracy and people cannot participate unless they have
information as to what is going on in the country. Government from village to central
level is accountable to the people and they have right to know as to what the
government is doing and how it is doing and why it is doing i.e. they are entitled to
know what policies and programs, how and why, are being followed by the
Government. In other words, in a democratic country, every citizen of the nation
contributes to the government treasury by paying taxes, directly or indirectly and has
the right to know what happened with the money contributed by them into nation’s
treasury. A modern democratic State is being answerable to the people. People have to
pass verdict every five years on the performance of the Government and decide whether
it should stay in office or not. People cannot exercise their choice intelligently unless
they are given adequate information about the functional openness by the
Government.12 A Government which is not open may be tempted to commit
administrative misconduct. Since power tends to corrupt and absolute power tends to
corrupt absolutely, there is an inherent danger that the vast power to the executive may
be used not for public good but for private gain or for corrupt motive. It is, therefore,
essential that the people have as much information about the Government operation as
possible. Openness in Government is bound to act as powerful check on the abuse or
misuse of power by the Government.
Justice P.N. Bhagwati advised in S.P. Gupta v. Union of India13 that:
“Open Government is the new democratic culture of a society toward
which every liberal democracy is moving and our country should be no
exception.”
“An open system of governance is an essential prerequisite for the fullest flowering of
democracy. Free flow of information from the Government to the people will not only
create an enlightened and informed public opinion but also render those in authority
accountable. In the recent past, we have witnessed many distortions in our information
system. The veil of secrecy was lowered many a time not in the interest of national
security, but to shield the guilty, vested interests or gross errors of judgments.
12
Ramesh Pratap Shukla, “Right to Know as Material Aspect of Speech & Expression and Emerging
Trends” AIR September, Journal Section, 2008, p. 129.
13
AIR 1982 SC 149.
4
Therefore, the National Front Government has decided to make the Right to
Information a Fundamental Right………. A large area of information dissemination
also relates to development programmes, their progress and their impact. This will need
to be done at the Panchayat and Municipal levels, not only to encourage multi-level
planning but also the common man in the villages.”14
For this motive, the Right to Information Act, 2005, makes an endeavour to harmonize
conflicting interests between the citizen’s right of transparency of information in
administrative functioning and efficient Government’s confidentiality in sensitive
matters. This Act is the outcome of active judicial approach and campaign by the
informed citizenry. First time in State of Uttar Pradesh v. Raj Narain15 the Supreme
Court has held that Article 19(1)(a) not only guarantees freedom of speech and
expression but also ensures and comprehends the right to citizens to know, the right to
receive information regarding matters of public concern. In Secretary, Ministry of
Information and Broadcasting, Govt. of India v. Cricket Association of Bengal16 the
Supreme Court further reiterated the proposition that the freedom of speech and
expression guaranteed by Article 19(1)(a) includes the right to acquire information and
to disseminate the same.
The Right to Information Act, 2005, has been enacted by the Parliament of India after a
long protracted struggle waged by the citizens lasting for about five decades. According
to Mr. Suresh Pachuri, Minister of State for Public Grievances and Pensions, the aim of
the Act is to make the Government accountable to the people. According to him the Act
could be successful only if it perculates right down to the village instead of remaining
confined to intellectual debates.17 The Right to Information Act is a special legislation
imposing obligations on every public authority to provide information to the person
asking for it. The Right to Information is a cherished right. Information and right to
information are intended to be formidable tools in the hands of responsible citizens to
fight corruption and to bring in transparency and accountability.
14
Mr. V.P.Singh, Prime Minister, in 1989, declared the attitude of the new Government on the Right to
Information and transparent Government.
15
AIR 1975 SC 865, 884.
16
AIR 1995 SC 1236.
17
Subhash C. Gupta, “Right to Information Act, 2005: A New Approach to Public Accountability” in
Law in India Emerging Trends, Publications Bureau, Punjabi University, Patiala (eds.), 2007, p. 294.
5
The demand for transparency and public accountability in all spheres of social, political
and economic life is intrinsic to the existence of the Republic of India. The Right to
Information Act, 2005, represents one of the most significant legislations to be enacted
in recent years. It is an embodiment of the principles enshrined in the Constitution of
India drawing inspiration from similar legislations from around the world, and morality
mandate by the Constitution. The Act is a positive step forward towards an open and
transparent bureaucracy and Government.18
Right to Information is a fundamental right and is closely connected with other
fundamental rights, such as right to equality before law, freedom of speech and
expression, protection in respect of conviction and offences, right to life and liberty,
protection against arrest and detention in certain cases. All these rights shall be
unfulfilled if right to information is not granted ahead of all rights.19
Access to information may be defined as the ability of the citizens to obtain information
in the possession of the State. Some states provide for access to information in their
Laws but most of the states do not have such provision. Even where access is
recognized, it is invariably subject to limitations.20 Information is ‘oxygen for a
democratic society’. The distinguished statesman emphasizes that communication is at
the heart of all social intercourses.21
As Aristotle22 considered that information is necessary if Government is to be held
accountable. He dismissed the criticism that the public cannot understand information
because they lack the necessary technical skills.23 Moreover, Information is the
currency that every citizen requires to participate in the life and governance of society.
The greater the access of the citizen to information, the greater would be the
responsiveness of the Government to community needs. Alternatively, the greater the
18
D.P. Singh Kanwal, “Right to Information Act, 2005 - A Result of Community Movement” Nyaya
Deep, National Legal Services Authority, New Delhi, Vol. 7, Issue 4, October 2004, p. 115.
19
S.P. Gupta v. Union of India, AIR 1982 SC 149.
20
Rodney D. Ryder, “Right to Information - Your Access to Public Information (Law-Policy-Practice)”
Wadhwa and Company Nagpur, New Delhi, 1st ed. 2006, p. 2.
21
Forward to ‘Many voices, One World’ Mac Bride Report by Director General of UNESCO, 1990, p.
IX.
22
Greek Philosopher.
23
The Politics, tr. T.A. Sinclair Penguin London, 1962 at p. 124-5.
6
restrictions that are placed on access, the greater the feelings of powerlessness and
alienation. Without information, people cannot adequately exercise their rights and
responsibilities as citizens or make informed choices. Government information is a
national resource. Neither the particular Government of the day nor public officials
create information for their own benefit. This information is generated for the purposes
related to the legitimate discharge of their duties of office, and for the service of the
public for whose benefit the institutions of the Government exist. It follows that the
Government and officials are trustees of this information for the people.24
During interference of our Prime Minister, Mr. Manmohan Singh in the Lok Sabha on
the right to information bill debate, he said, “It is the common man or common woman
who is the fulcrum of our democratic system, as an observer, as the seeker of
information, as the one who asks relevant questions, as the analyst and as the final judge
of our performance.”25 Therefore, this Act empowers common masses to ask any
questions from the Government or seek any information, take copies of any government
documents, inspect any government document or works and take samples of materials
of any Government work. They can obtain information in the form of printouts,
diskettes, floppies, tapes, video cassettes or in any other electronic mode.
Therefore, information is power. Information will make the people informed and the
informed individual become enlightened individual. Primarily people need information
about the functions, activities and resource allocations of the Government. By getting
this information from the Government, people can ensure their entitlements. Basically
people want to know as citizens, what their entitlements are, how they are being
delievered and how they are to be claimed. But for this, the institutional process and
delivery mechanism should be known to the people.
1.2 MOTIVATION FOR THE STUDY
The study is related to right to freedom of speech and expression in relation to Right to
Information Act. As the area of the right guaranteed under Article 19(1)(a) of the
24
Minal M. Bapat, “Right to Information: Its Scope and Need” The Practical Lawyers, Eastern Book
Company, New Delhi, December 2007.
25
Retrieved from <http://pmindia.nic.in/pmsinparliament.php?nodeid=9> visited on 21-10-2008.
7
Constitution is so wide that the violation of this right leads to violation of many other
correlated rights like right to equality and right to life and liberty etc. The violation of
these rights motivated the researcher to study all these dimensions. For example, the
Old Age Pension is allowed to men and women who are very old and have no other
source of income. They make both ends meet with that amount. Many a times Old Age
Pension is stopped without any intimation to them. They do not know the reasons for
not making payment of pension to them. They even do not know to whom they should
contact for restoration and payment of pension.
The non-availability of information from a particular department can also violate the
right to information. Moreover, if there is no source of information how particular
person will communicate or express it to other people. For example, the assessee files
his Income Tax Return for the relevant Assessment Year with the Tax Refundable. The
Income Tax Department is supposed to send Refund Order in time. It has been seen that
the assessee do not get Refund Orders for a long time i.e. even after passing months and
years together. The common person is not aware of the procedure of Refund i.e. to
whom he should send his complaint or to whom he should contact or apply to know the
reasons for not dispatching the Refund Order. This shows the clear-cut violation of the
Right to Information.
The researcher believes that access to information to be important and access can render
the processes of government more open and make those in power more accountable to
their people. The Government had recently passed the Right to information Act, 2005
and the researcher was keen to study all the dimensions of the Act. All these things have
jointly motivated the researcher to make study in the field of freedom of speech and
expression with special reference to Right to Information Act, 2005.
1.3 OBJECTIVES OF THE STUDY
Freedom of speech and expression is a fundamental right guaranteed under Article
19(1)(a) of the Constitution of India and right to information is the prerequisite for
enjoying the right to freedom of speech and expression. So, the right to information
becomes a constitutional right being an aspect of the right to free speech and
expression. The Parliament has passed the Right to Information Act, 2005 with a object
8
to provide the information to the citizens in the hands of the public authorities. The
main objectives of the present study are:
To analyze the working of the Right to Information Act, 2005.
To discover the real nature of right to information and cases in which and ways
by which a person can exercise this right.
To what extent the implementation of RTI Act led to achieve the policy
objectives set under the Act.
To review the extent of participation of public in the matters relating to
governance.
1.4 REVIEW OF THE EXISTING LITERATURE
One cannot complete one’s research without reviewing existing literature on the subject
matter because the knowledge of present and to predict future, the descriptive study of
past is cardinal as it provides guidance and exhibits points which needs particular
attention. So, a thorough study of number of books, book reviews, reports and
newspapers etc. is done by the researcher. All these sources have been referred to in the
footnotes and listed in bibliography. But some of these are so important that without
discussing them the study would not be complete which are discussed below:
‘The Constitutional Law of India’26 by Kailash Rai discusses the number of
amendments done in the Constitution of India in relation to Fundamental Rights,
Citizenship Act, Freedom of Information Act and other provisions of the Indian
Constitution. His authoritative work shows the important role played by the Judiciary in
preservation of constitutionality of law made by the Legislature.
‘The Constitution of India’27 by D.J. De points out that the basic values of our
Constitution are federal in character, secularism, democracy, parliamentary system of
government, rule of law, Constitutionalism and respect for minority rights. He drawing
attention from the decision of the Supreme Court, the National Commission to Review
26
27
Central Law Publication, Allahabad, 6th ed. 2005.
Vol. I & II, Asia Law House, Hyderabad.
9
the Working of the Constitution made recommendations enlarging the scope and
contents of fundamental rights extending the protection against discriminating to
“ethnic or social origin; political and other opinion; property or birth”. He also points
out the scope of protection of life and liberty magnified manifold through the process of
judicial interpretation encompassing within its fold right to education, health and
medical treatment, compensation for loss of life due to state action and negligence and
protection of environment etc. In his book he has discussed about the scope and
extending protection of fundamental rights with the role played by Judiciary but he
lacks to discuss about the reasonable limitations and restrictions imposed on
fundamental rights by the Constitution.
‘Right to Information - Your Access to Public Information (Law-Policy-Practice)’28 by
Rodney D. Ryder is a valuable work done by the author on the subject. His book is in
the form of a report and legal reference work. It studies the global and particularly
Indian struggle for still incompletely defined Right to Information.
‘Indian Constitutional Law’29 by M.P. Jain throws light on the creative and activist role
played by the Judiciary in the interpretation of the constitutional provisions. His book
states that this judicial approach has given a new content to many Fundamental Rights,
especially to Article 21. The court has implied a bundle of rights for the people from
Article 21, such as right to education, right to privacy, right to education, right to free
legal aid, right against inhuman treatment, right against illegal detention, right to speedy
trial, right to clean environment etc. Some of these judicial pronouncements are very
significant and even turning points in Constitutional Law.
‘The Constitution of India: A Politico-Legal Study’30 by J.C. Johari highlights that the
rules of the Constitution lay down ‘higher law’ of the land and, therefore, a law made
by the Legislature or a decree promulgated by the Head of the State in the form of an
ordinance having the force of law must conform to the law of the Constitution in order
to be valid and good. The rulers of a State are politicians by profession and so they
28
Wadhwa and Company Nagpur, New Delhi, 1st ed., 2006.
Wadhwa and Company Nagpur, New Delhi, 5th ed., 2006.
30
Sterling Publishers Private Limited, New Delhi, 1995.
29
10
formulate the rulers of the Constitution. In his brief work he has made an attempt to
present a study of Indian Constitution in political as well as legal perspectives.
‘The Constitution of India: Select Issues & Perceptions’31 by Subhash C. Jain enriched
his book with 37 topics on select constitutional issues and generate constructive debate
with the ultimate goal of acting as a catalyst to help strengthen democracy, rule of law
and independence of the judiciary. The role of the caretaker government, the feasibility
of a National Government, conflict between legislature and judiciary, doctrine of
separation of powers, removal of judges, reservation for women under Article 16 and
the status of minority educational institutions are some of the important issues
addressed in his book.
‘Constitutional Law of India’32 by Narinder Kumar includes the number of significant
judicial pronouncements by the Supreme Court as well as of the High Courts. His
comprehensive work on the Constitutional Law points out that the courts are thus
evolving new concepts and principles, so as to bring the law in conformity with the
changing social, economic and political life of the people.
‘Constitutional Law of India’33 by J.N. Pandey highlights the number of amendments
made in the Constitution of India in relation to Fundamental Rights, Environment
Protection, Public Interest Litigations and other provisions of the Indian Constitution.
His valuable work on the Constitutional Law of India shows the important role played
by the Judiciary in preservation of constitutionality of law made by the Legislature.
‘Handbook on the Right to Information’34 by P.K. Das is a valuable work done by the
author on the subject. He discussed the RTI Act, 2005 in his book divided in eight parts
viz. Introduction, The Right to Information Act, Other Related Laws, Allied Acts and
Rules, International Conventions and Declarations, Reports and Guidelines, Supreme
Court on Right to Information and the State Laws on Right to Information. The book is
very informative as the Central as well as all the State laws on the subject are available
for quick reference.
31
Taxmann, New Delhi, 2000.
Allahabad Law Agency, Faridabad, 2006.
33
Central Law Agency, Allahabad, 2005.
34
Universal Law Publishing Co. Pvt. Ltd., New Delhi, 2010.
32
11
‘Commentary on the Right to Information Act, 2005’35 by J.N. Barowalia is yet another
exhaustive commentary on the subject of right to information. The topic has been dealt
with from various angles in an exhaustive manner by referring to the important
decisions of the Supreme Court of India. This book is divided in eleven parts and is a
standard treatise in which various provisions of the RTI Act, 2005. There is also a part
on International Conventions and Declarations.
Apart from a number of books and commentaries, the researcher has also incorporated
and referred to a large number of articles published in the prominent journals and
periodicals as well as newspapers. Websites such as the official websites of the various
States as well as of the Central Information Commissions, Commonwealth Human
Rights Initiative, the United Nations, righttoinformation.org etc. also contain useful and
updated information. The researcher has immensely benefitted from the information
uploaded on some of the websites.
1.5 RESEARCH GAP
Survey of the existing literature revealed that the Right to Information is newly emerged
area and no specific study has been undertaken on freedom of speech and expression
especially with regards to the Right to Information Act, 2005. The Right to information
has various dimensions and it is linked to other fundamental rights, such as Articles 14,
19(1)(a), 20, 21 and 22 of the Constitution of India. Therefore, there is a need of further
research to have broad knowledge to fill the research gap. It will certainly enrich the
literature on the subject and make the way for the successive generations to work
further on this important area of Freedom of Speech and Expression in relation to Right
to Information.
1.6 HYPOTHESIS
Right to Information flows from the fundamental freedom under Article 19(1)(a) of the
Constitution of India. As a citizen, a person has a fundamental right to use the best
means of imparting and receiving information. The basic purpose of freedom of speech
and expression is that people are able to form their belief and communicate them freely
35
Universal Law Publishing Co. Pvt. Ltd., New Delhi, 2012.
12
to others. The researcher feels that the concept of right to information is new and is yet
not properly effective. The hypothetical assumptions of the study may be fragmented as
follows:
The right to information is a part of the right to free speech and expression
guaranteed under Article 19(1)(a) but the same remedies are not granted to
citizens whose right to know, receive and impart information under the Act are
infringed or violated. It means that the refusal or rejection to provide
information demanded under the Right to Information Act, 2005 considered to
be the violation of fundamental right covered under Article 19(1)(a) of the
Constitution of India.
That right to receive or acquire information is actually not being properly
enjoyed by the common masses of the country as they are not aware of the fact
that some rights have been provided to them by the Constitution of India and
other statutory laws of the land. A man who cannot earn his living how can he
think about the fundamental or statutory rights. The other aspect is that if any
one is aware about the rights he has no knowledge about how to avail this right.
It is a fact that it takes long time and the procedure is cumbersome and even then
success is not sure. So the people are not ready to waste their time and money.
Even these rights are not being enjoyed by all those for whom these have been
made by the constitutional framers but are enjoyed only by the educated class
and those who have power and money.
1.7 RESEARCH QUESTIONS
The researcher made an effort to answer the following research questions as result of
the present study.
1. What is the concept, meaning and scope of Freedom of Speech and Expression
under Article 19(1)(a) of the Constitution of India?
2. What is the concept, meaning, genesis and analysis of the Right to Information?
3. Whether right to information is a statutory right or constitutional right?
13
4. What is the extent of benefit to the general masses by the Right to Information Act,
2005?
5. What are the limitations or restrictions on Right to Information under the RTI Act,
2005?
6. What is the role of Judiciary for protection of Right to Information in India?
7. What is the impact of Right to Information Act, 2005 upon the Right to Information
in India before and after the commencement of the Act?
8. In order to implement the various provisions of the Right to Information Act, 2005,
whether freedom of speech and expression is creating obstacles?
9. Whether freedom of speech and expression is implemented properly through Right
to Information Act, 2005?
10. Whether remedies under Article 32 and 226 are available to the information seeker
under the Right to Information Act, in case non-supply of information, wrong
information, incomplete information etc. by the Public information officer (PIO) at
the first stage?
1.8 RESEARCH METHODOLOGY
The present study is doctrinal study. The researcher has made an intensive as well as
extensive study of the concept, meaning and analysis of the Right to Information Act,
2005, in the light of the provisions under Article 19(1)(a) of the Indian Constitution.
The present study endeavors to see the validation and implementation of the Right to
Information Act, 2005, under the provisions of Article 19(1)(a) of the Indian
Constitution. Literature for this study has been collected from various primary as well
as secondary sources. Primary sources include Indian Statutes, Rules, Regulations,
Constituent Assembly Debates, Reports of the Working Committees, Standing
Committees and Cabinet Committees, judgments of the various High Courts and
Supreme Court, bare provisions of the Constitution and recommendations of the reports.
Secondary sources include books of the eminent authors, national as well as
international articles in research journals, magazines, articles or editorials in various
14
news papers, notes and publications of internet and official websites etc. On the basis of
the present study, suitable modifications, alterations have been suggested for proper and
effective implementation of the Right to Information Act, 2005.
1.9 CHAPTERISATION PLAN
The present study has been bifurcated in the following six chapters:
Chapter One: Introduction
Chapter Two: Concept, Meaning and Scope of Freedom of Speech and
Expression
Chapter Three: Genesis of Right to Information: International and National
Perspective
Chapter Four: Analysis of Right to Information Act, 2005
Chapter Five: Role of Judiciary for the Protection of Right to Information in
India
Chapter Six: Conclusion and Suggestions
15