RTI protects basic features of Constitution

Every sovereign legal state is supposed to have a fundamental legal document which is known as Constitution and primarily sets out the frame-work for creation and functioning of various organs of the state such as legislature, executive and judiciary. These government organs draw their powers and work within principles determining their functions. But constitution is not just a code of conduct for governmental agencies. Constitution not only confers powers on various organs of the state but also sets limitations and regulations on the proper use of those powers by providing the mechanism of check and balance.

Right to Information is one of such mechanism as it puts power of legislature, executive and even judiciary under the scrutiny of general public. It preserves basic freedoms of individuals and upholds his dignity and personality. Right to Information adheres to the principle of constitutionalism which means ideals of Justice, freedom and equality are being followed by organs of the state while discharging their duties. It is an in-built restriction on the powers of government agencies which provided by the constitution itself as Right to Information has emerged from the Right to freedom of speech and expression as contained under Art. 19 (1) (a) of the constitution.

Right to Information connotes the principles of constitutionalism by providing for 'limited government'. It is an antithesis to the arbitrary powers. Absence of Right to Information would mean to jeopardize the freedom of people and it would also lead to authoritarian and oppressive government.

Further, Right to Information is part of rule of law also as Rule of law implies the absence of arbitrary powers, equality before law and individual liberties. Hence, in real sense, the Right to Information protects not only constitutionalism but basic features of the constitution also such as Fundamental Rights, Rule of law, principle of check and balance. All of these have been held to be part of basic features of Constitution; its heart and soul.

Regards,

Geeta Narula,
Advocate and Consultant, Delhi High Court,
Contact at: advocategeeta@yahoo.com / advocategeeta@rediffmail.com /
Mobile: +91 9873331152