Ms. Aruna Roy and Others v Union of India and Others (2002)
Ms. Aruna Roy and Others v. Union of India and Others (2002)
1. Court:
Supreme Court of India
2. Background / Facts:
This case relates to the Right to Information (RTI) and the efforts of Ms. Aruna Roy, a social activist, and others to promote transparency and accountability in governance.
The petitioners sought enforcement of the Right to Information, arguing that citizens have a constitutional right to access government information.
They challenged government resistance to disclosing information and demanded implementation of RTI as a fundamental right or at least a statutory right.
The case arose in the backdrop of growing demands for transparency in public administration and governance.
3. Legal Issues:
Whether the Right to Information is implicit in the Right to Freedom of Speech and Expression (Article 19(1)(a)) under the Constitution of India.
Whether the RTI is essential for citizens to effectively exercise their democratic rights.
The extent of the government's obligation to provide information to the public.
Balancing RTI with exceptions such as national security, privacy, and public interest.
4. Judgment:
The Supreme Court recognized the Right to Information as a fundamental right flowing from the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.
It emphasized that democracy requires transparency and accountability, which cannot be achieved without access to information.
The Court observed that the Right to Information empowers citizens to participate meaningfully in governance and to expose corruption and maladministration.
However, the Court also acknowledged the need to balance this right with legitimate exceptions such as national security and privacy.
The judgment supported the enactment of laws to provide for access to government information and called for effective mechanisms to ensure its enforcement.
The case was instrumental in pushing the government towards framing the Right to Information Act, 2005.
5. Legal Principles Established:
Right to Information as Fundamental Right: RTI is intrinsic to the freedom of speech and expression.
Democratic Accountability: Transparency is essential for democracy, good governance, and fighting corruption.
Balancing Right and Exceptions: The right is not absolute and must be balanced with public interest and security considerations.
Enforcement of RTI: States have a duty to enact and enforce laws enabling public access to information.
6. Related Case Law:
| Case | Principle |
|---|---|
| State of U.P. v. Raj Narain (1975) | Freedom of speech and expression includes the right to information. |
| People’s Union for Civil Liberties v. Union of India (2004) | RTI essential for democracy and governance. |
| S. P. Gupta v. Union of India (1982) | Transparency and accountability in public office. |
| Central Board of Secondary Education v. Aditya Bandopadhyay (2005) | RTI extends to private bodies performing public functions. |
7. Significance:
The case played a pivotal role in recognizing RTI as a fundamental right in India, influencing the eventual enactment of the Right to Information Act, 2005.
It established a constitutional basis for citizens to demand government transparency and accountability.
The judgment empowered civil society activists and citizens to hold the government accountable and combat corruption.
It enhanced the democratic process by promoting citizen participation and informed decision-making.
The case is a milestone in the evolution of transparency jurisprudence in India.
8. Summary Table:
| Aspect | Details |
|---|---|
| Case Name | Ms. Aruna Roy and Others v. Union of India and Others (2002) |
| Court | Supreme Court of India |
| Facts | Petitioners sought recognition of Right to Information as fundamental right |
RELATED Blog
0 comments