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Information is a term derived from the Latin words ''Formation' and 'Forma' which means
giving shape to something and forming a pattern respectively. Information is about
'democratization of communication'. However, this is a broad undertaking of the term.
If we look into at the legal terminology, under section 20 of the Indian Evidence Act,
1872 it implies that wherever there is a dispute and the court requires information about
the truth on that point, the statement that a reference makes is information.
Information may be of facts or law. In the case of ITC v A. Raman, it was clarified that
'information' in the Income Tax means instructions or knowledge derived from an
external source concerning facts or particulars or as to law relating to assessment. The
word 'information' in section 34(1) (b) of the Indian Income Tax Act, 1922 includes
information as to the true and correct state of law and so would cover information as to
relevant judicial decision. In the case of CIT v Jagan Nath, it was held that the word
'information' is synonymous with knowledge or wareness, in contraction to
apprehension, suspicion or misgiving.
Under section 2(1) (v) of the Information Technology Act, 2000 'information' includes
data, text, images, sound, voice, codes, computer programmes, software and database
or micro film or computer generated micro fiche.
"Information" means any material in any form, including records, documents, memos, e-
mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports,
papers, samples, models, data material held in any electronic form and information
relating to any private body which can be accessed by a public authority under any
other law for the time being in force.
Article 19(1) (a) of the Constitution guarantees the fundamental rights to free speech
and expression. The prerequisite for enjoying this right is knowledge and information.
The absence of authentic information on matters of public interest will only encourage
wild rumours and speculations and avoidable allegations against individuals and
institutions. Therefore, the Right to Information becomes a constitutional right, being an
aspect of the right to free speech and expression which includes the right to receive and
collect information. This will also help the citizens perform their fundamental duties as
set out in Article 51A of the Constitution. A fully informed citizen will certainly be better
equipped for the performance of these duties. Thus, access to information would assist
citizens in fulfilling these obligations.
Right to know is closely linked with other basic rights such as freedom of speech and
expression and right to education. Citizen's right to information is a necessary condition
to achieve accountable, transparent and participatory governance and people-centred
development. It empowers citizens in relation to the state and enhances their control
over political processes. It acts as a deterrent against arbitrary exercise of official
power. It empowers people to hold public authorities accountable for their actions on a
regular basis. At the heart of the RTI are two key concepts:
The corresponding duty on the government to meet the request, unless specific, defined
exemptions apply.
Now a basic question arises, why should citizen access information held by the
Government? Government are functioning because citizens exist. All information that
government creates or stores relates in some way or the other belongs to citizens. For
instance, a policy on food distribution, expenditure to be made on health, regulation of
schools etc, it affects all citizens in long run. These policies are made by the
government for the benefits of public and people's money is used to make and
implement the policy. Therefore, people have the right to know why certain policies are
made, how they will be implemented, who will implement them and how it will affect
their
4. Right to know;
The most important way of testing whether a RTI law is effective to assess the kinds of
information that the law specifies can be withheld, for whatever reason. These are
known as "exemptions" and all exemptions should be clearly defined in the law. A
general rule is that the basis for refusing a request for information should only be one
where there is a legitimate public interest in withholding information. Such grounds
might be, if the release of information: