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Right To Information & Secrecy

The document discusses the balance between the right to information and the necessity of secrecy in government operations, emphasizing the importance of open governance in a democracy. It highlights legal precedents from India, the UK, and Australia regarding access to government information and the Right to Information Act of 2005 in India, which aims to empower citizens by ensuring transparency. The document concludes that the RTI Act presents opportunities for systemic reform in government accountability and information access.

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5 views18 pages

Right To Information & Secrecy

The document discusses the balance between the right to information and the necessity of secrecy in government operations, emphasizing the importance of open governance in a democracy. It highlights legal precedents from India, the UK, and Australia regarding access to government information and the Right to Information Act of 2005 in India, which aims to empower citizens by ensuring transparency. The document concludes that the RTI Act presents opportunities for systemic reform in government accountability and information access.

Uploaded by

pruthvipatil2324
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Right to Information & Secrecy

Dr. Anu Prasannan


• In democratic countries the accent is an open
government
• But quite few things must be kept confidential
in the interest of security or national interest
• Sometimes law may also impose secrecy in
the interest of the individual but secrecy
ought not be more than what is absolutely
necessary
• Here, what is necessary is to draw a balance
between ‘secrecy’ and ‘openness’ with an
accent on the latter
There are many reasons suggesting an open
govt.
• Participation in the govt. is considered an
important aspect of democracy
• People cannot participate unless they have
information as to what is going on in the
country
• People are entitled to know what policies and
programmes, how and why, they are being
followed by the govt.
• People have to pass verdict every 5 years on the
performance of the govt. and decide whether it
should stay in office or not.
• Govt. gathers vast powers in a welfare state. It is
important that these powers are exercised for
public good not improperly but only for the
purposes for which the powers are conferred
• -it is essential that people have as much
information about government operations as
possible
• Bhagwati J. advised in S.P. Gupta v President
of India held;
“open govt. is the new democratic culture of an
open society towards which every liberal
democracy is moving and our country should
be no exception”
Same position in British case
• Attorney General v Jonathan Cape Ltd
-injunction was filed to restrain the publication
of the political diaries of the late Richards
Crossman who was a cabinet minister
-the plea was that the publication of the diaries
would reveal the cabinet secrets and infringe
the principle of collective responsibility of the
govt.
-LORD WIDGERY CJ accepted that when a
cabinet minister receives information in
confidence the improper publication of such
information can be restrained by the court.
-but in this case injunction was refused against
publication of the materials as they were
about ten years old and no longer required
protection in public interest.
Same in Australian case
• Common Wealth of Australia v John Fairfax and
Sons Ltd
-two journalists obtained number of foreign
official cables and memoranda covering several
matters on defence treaty
-The govt. applied for an injunction to prohibit
publication of the materials on the ground of
confidentiality
-and was allowed.
• There are several aspects of open government
1. Presentation of documents by the govt. in
the court in the course of some litigation
2. Access to information
3. Official Secrecy
II. Presentation of documents in the courts
• In recent times courts have loosened the
government privilege not to produce unpublished
documents in the court in the course of a court
proceeding against it
• In Khatri v State of Bihar a writ petition was brought
in the SC under Art 32 by certain under trials for
enforcement of their fundamental right under Art. 21
on the allegation that they were blinded by the
police officer while in police custody. The court called
for production of certain documents by the state.
-state objected to the production of documents on the
ground that they were protected by Sec. 162 and 172
of Cr.P.C and petitioners were not entitled to see
them or make use of them in these proceedings
• S. 162 CrPC says that statements to police not
to be signed
• S. 172 speaks about diary of proceedings in
investigation
• Court held that Sec. 162 has been enacted for
the benefit of the accused. A writ petition for
the enforcement of fundamental rights under
Art. 21 is neither an ‘inquiry’ nor a ‘trial’ and
so Sec. 162cannot be urged as a bar against its
production or use.
• Same is in case of Sec. 172 and court directed
the production of documents in question
III. Right to Information in India
• The concept of open govt. is the direct result from the right to
know implicit in right to free speech and expression guaranteed
under Art. 19(1) (a) of the constitution
• Thus SC before the enactment of the legislation by liberal
interpretation deducted the right to know and access to
information and held that it is implicit in Art. 19(1) (a)
• Govt. enacted RTI Act, 2005
• It is a big step towards making the citizens informed about the
activities of the govt.
• An informed citizen is better equipped to keep necessary vigil
on the instruments of govt. and make the govt. more
accountable
• Analyse the Act
-Sec. 2 (f): WHAT IS INFORMATION
-Sec. 2 (h): WHAT IS PUBLIC AUTHORITY
-Sec 3 provides that subject to the provisions of
the Act all citizens shall have rt to information
-they can seek such information from a public
authority which already exists and is held by
the public authority or under its control.
• According to the Act, the information which cannot
be denied to the parliament or state legislature shall
not be denied to any person
• Sec. 8 (1) and 9 enumerate the types of information
which is exempt from disclosure
-however, Sec. 8(2) provides information exempted
under Sub Sec.(1) or exempted u/Official Secrets Act
can be disclosed if the public interest overweighs
the harm to the protected interest.
-read other provisions of exemption
• In Registrar Supreme Court of India v Lokesh K Batra
the applicant sought information on the time lag
between the reserving of a judgment and its final
pronouncement.
-CPIO/Central Public Information Officer expressed
inability to provide the information as the SC did not
maintain its data in that manner.
-Acknowledging the inability expressed by the Registry, the
Delhi High Court asked for course correction and asked
the SC to alter the manner in which it maintained its
data
conclusion
• Lokesh Batra case demonstrates the
possibilities for systemic reform available in
the RTI

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