Before going to know whether Right to information is a fundamental right or not? Let’s look into the deep concise on the word Right which has the vast meaning defined by the eminent jurists. Actually the terms “wrong and duty” are closely connected with rights. Wrongs are two kinds, legal and moral likewise duties are two kinds, legal and moral. As we all know duty is an obligatory act, it is opposite of which may turn into wrong.
Many definitions of rights have been given by various writers, some of them are Hibbert, a right is “one person’s capacity of obligation others to do or forbear by means not of his own strength but by the strength of a third party. If such a third party is God, the right is Divine. If such a third party is the public generally acting through opinion, the right is moral. If such a third party is the state acting directly or indirectly, the right is legal. Likewise grey has a different meaning of right and Holland says that right one who do the things of his own act or by influence.
By this, we can get the idea about what actually means a Right. Let’s take the best example of our history itself. We fight our freedom from British people. Freedom is our birthright here the right gives our priority and wellbeing for everyone which will not infringe the other rights. Later we attained the freedom our constitution was formed where the constitutional rights are given and named as fundamental rights. We also know that rights are not absolute rights. One can enjoy his rights only if he doesn’t break the rules of law. Why because we the people make the constitution abide and follow the rules and regulations there in the constitution. Slowly our rights are given to the government representatives to fulfil our requirements just like the king who rules the people. Same as the government rules the people be given substantial liberty to live.
One cannot misuse of his right in the wrong way which impacts to the other people. Also one cannot wave his fundamental rights also. Now let’s talk on the objective of the topic is right to information is a fundamental right actually it was initially started past in the deep-rooted long back when we started fighting for the first right which is Freedom and we finally win for our country’s freedom that is the first right which is given in our constitution also and we put some of the rights such as the right to life, right to Equality etc. where the part 5 of the Indian constitution gave as the fundamental rights from (Article 14 to 18 ) later on we people started amending the constitution like we know the famous case of Menaka Gandhi cases where her rights are infringed where also been protected.
She was the first who gave the path for the freedom with fundamental rights are been protected, even we can see in the case Jamalpur case and raj Narayan case vs. Indira Gandhi landmark case where the dark face of the country can be seen where the judiciary loopholes can be looked. Since then there are started awakening in the people awareness and starting involvement in the governance. We all know that the right always follows with the duty.
Right to information amendment act of 2005 which gives the right to the citizens to know the records of state and central government which is been given by Article 19 of the constitution. As we know that our country is democratic but it has the unitary in nature so the Government feels that there is a lack of good governance and loose hope on the people believe. Without people what’s the use of constitution and government even at that time, there is a huge corruption and oppression from the other parties in many areas. Where there is a need to express has the right to disclose to the people has a right to know about it. RTI can be filed by anyone. This right to information has given the status of a fundamental right of article 19(1)a and we can see the right to privacy and right to education which the basis of changes of rights according to the needs of the people for the development of the country also.
As we can see that right has a wider sense of meaning it depends on the needs of people at present and welfare of the general public also for good governance. Right always lay the duty on the others. One can have the right if the other perform his duty to obtain his right also right to information gives the landmark for the change of Government which took a golden chance where every citizen can know the records and information of the state and central government also but one has to put the reason of his right to information reason to know about it and any one of the citizens can have the right to information but most of the people are not use this right where not aware of this because most of the changes in the government and new applications etc. are not aware for the vulnerable sections of people. The government nowadays puts everything in front of media which gives information on the functions of the government. This gives that right always follow with duty and also right to information is a fundamental right which does also not have the absolute right can use. Every right is a set of limitations also.
This article is authored by Cheraku Mahathi, First-Year, LLB(Hons.) student at GITHAM School of Law, GITHAM University, Visakhapatnam.
Also Read – Right To Information: An Amendment Bill of 2019
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