INTRODUCTION

Judicial activism is a powerful weapon which the judges have to wield to observe the ends of
justice by making the law responsive to the felt necessities of changing times. The scope of
judicial activism varies with the courts power of judicial review. The scope increases
considerably where the power of judicial review extends over executive action as in the United
Kingdom, besides over legislative action as in the United States, and even over constitutional
amendments as in India.

Through judicial activism, the concept of right to information was expressly brought within the
ambit of right to freedom of speech and expression explicitly guaranteed in Article 19 which
subsequently led to the formal recognition for the same in the form of the Right to Information
Act 2005.

The Right to Information Act became operational on 12th October, 2005. This law empowered
Indian citizens to seek information from Public Authorities, thus making the Government and its
functionaries more accountable and responsible. Unlike many other countries (for e.g. UK)
which took several years to implement the Act post the enactment, India took only a few months
to bring it into force. This time was inadequate to change the mindset of the people in
Government, create infrastructure, develop new processes and build capacity to deliver
information under this Act. This has led to implementation issues which need to be identified and
addressed.

LIMITATION OF THE STUDY

The study is limited to the judicial activism by courts in India and how they have aided in
developing the RTI Act 2005. Focus is also laid on the challenges faced in implementing the RTI
Act 2005 in the current Indian political and administrative structure.

OBJECTIVES OF THE STUDY

The main objective of this project is to scrutinize the role of judicial activism in formulating the
Right to Information Act, 2005 as well as the challenges faced in implementing the same. This
paper also seeks to analyze the role of judicial activism in controlling and monitoring
bureaucratic arrogance over RTI.

RESEARCH QUESTIONS

1. What is the role of judicial activism in shaping the Right to Information Act 2005 in
India?
2. What are the challenges faced in implementing Right to Information Act 2005 in India?
3. How does Judicial Activism help in monitoring and controlling bureaucratic arrogances
over Right to Information Act 2005?

RESEARCH METHDOLOGY

The research methodology adopted in this paper is purely doctrinal in nature. The researcher
intends to use the Right to Information Act, 2005 and judgments as the primary source of this
project. Secondary sources include various articles and books relevant to the topic. Existing
secondary data has been analyzed and no new data has been created. The paper majorly follows
inductive reasoning.

REFERENCES

http://shodhganga.inflibnet.ac.in/bitstream/10603/89622/8/08_chapter%204.pdf
http://shodhganga.inflibnet.ac.in/bitstream/10603/32397/12/12_chapter%206.pdf
http://rti.gov.in/rticorner/studybypwc/key_issues.pdf
http://icehm.org/upload/5617ED0814034.pdf
https://prezi.com/qaywsg-wahir/problems-and-challenges-faced-by-the-rti-act-2005/?
webgl=0