Comparative Analysis Contemporary Right To Information Regime With Special Focus On India

Aishwarya S R, LLM, Christ University, Bangalore

In modern constitutional democracies, it is axiomatic that citizens have a right to know about the affairs; of the government which having been elected by them, seek to formulate sound policies of governance aimed at their welfare. However, like all other rights, even this right has recognized limitations; it is, by no means, absolute.

-Chief Justice A.M. Ahmadi

INTRODUCTION

The word “information” is derived from the Latin word “informare” which means to fashion, shape or to create to give form to. Any person who is well informed stands in a better footing to exercise his legal as well as other rights better than those who do not access to information or are ill-informed. Right to information can also be defined as “the human right to secure access to publicly held information and the corresponding duty upon a public body to make information available.”1 Availability of information is the key to effective participation of the citizens in their governance and also for the emergence of a progressive civil society. It is pre-requisite in making informed choices and also serves as an antidote to corruption. The Right to Information lays down the very foundation upon which good governance, transparency, accountability, participation can be built in order to eliminate corruption and is considered quintessential for any democracy.2 Information has unlimited potential in shaping public opinion and considered as the heart of all the process of governance.3 In a democracy information empowers the people who are the real sovereign of a democratic country to act more meaningfully, be more vigilant and therefore, democracy is bound to become more vibrant.4 It has to be remembered at all times that a democracy is for the people, of the people and by the people. Right to information or knowledge is a right guaranteed under Article 19(1)(a) and in a democracy effective participation of the citizens is possible only if an informed choice can be made by the citizens and that is possible only if information is made readily available to them. In a Parliamentary system of governance, governments are accountable to the people for their actions. ‘Flow of information is a prerequisite to bridge the gulf between the rulers and the ruled as it affects the people's ability to evaluate their candidates. A voter should have at least the basic information about the contesting candidates.’5 Article 19 of the International Covenant on Civil and Political Rights, 1978 declares that:

"Everyone has the right to freedom of opinion and expression: the right includes freedom to hold opinion without interference, and to seek, and receive and impart information and ideas through any media and regardless of frontiers.”