Right to Freedom of Speech and Expression (Article 19)
Explanation
The Supreme Court of India has interpreted the text of the Constitution to expand the scope of Fundamental Rights. The Right to Information (RTI), though not explicitly mentioned in the Constitution, is considered an integral part of the Freedom of Speech and Expression guaranteed under Article 19(1)Right to Equality (Article 14).
Detailed Analysis
- Constitutional Basis: Article 19(1)Right to Equality (Article 14) secures the freedom of speech and expression for all citizens. The Supreme Court, in landmark judgments such as State of U.P. v. Raj Narain (1975) and S.P. Gupta v. Union of India (1982), ruled that the right to know is implicit in the right to free speech.
- Rationale: Freedom of speech and expression includes the right to acquire information and disseminate it. A citizen cannot effectively exercise their right to speech or form an informed opinion on public matters without access to information regarding government functioning.
- Other Options:
- Article 14: Guarantees equality before the law. While transparency supports equality, the specific right to access information is derived from the communicative aspect of Article 19.
- Article 23: Prohibits traffic in human beings and forced labor. It is unrelated to the right to information.
- Article 25: Guarantees freedom of conscience and free profession, practice, and propagation of religion. It is unrelated to administrative transparency or information access.
Key Takeaway: The Right to Information flows from Article 19(1)Right to Equality (Article 14), as the freedom of speech and expression cannot be fully exercised without the concomitant right to know.