Theme: Citizen Rights & Constitution

The Right to Know is fundamental to the right to freedom of expression. This is because the right to know promotes the free flow of information, and enables citizens to be better informed and helps citizens utilise their freedom of expression more effectively. A discussion on the pros and cons of a government policy is more nuanced and useful when sufficient information is available from the government. However, this right does not permit anyone to claim any and all sorts of official documents. Restrictions, especially those which concern national security or public order, are applicable. To know more about the law on right to information, read our explainer.

The right to know includes:

• Right to Request for Official Documents 
• Right to Know About the Backgrounds of Electoral Candidates 
• Right to View Live Proceedings of the Court

Unquestionably, the right to freedom of expression involves the right to receive information and public documents from government authorities and other organisations performing a public function. This covers asking for one’s examination answer scripts,¹ to matters covered under official secrecy laws if sufficient public benefit and interest can be shown in such matters.² However, this right cannot override the right to privacy; for instance, personal information of public officials which is not relevant to the public cannot be sought under this right.³

1. Central Board of Secondary Education v. Bandhopadhyay, (2011) 8 SCC 497 [↩]
2. Yashwant Sinha v. Central Bureau of Investigation, (2019) 6 SCC 1 [↩]
3.  R.K. Jain v. Union of India and Another, (2013) 14 SCC 794 [↩]

The right to know about electoral candidates’ background emerges from the voters’ right to free speech and expression.¹ Knowledge about the candidate enables the voters to develop their opinions on them. Public education is vital for the functioning of the process of popular government, and it strengthens the capacity of an individual in participating in decision-making processes.¹

1. Union of India v. Association for Democratic Reforms and Another, (2002) 5 SCC 294 [↩] [↩]

Live streaming of cases of constitutional importance is considered to be supportive of the right to access justice.¹ Providing “virtual” access of live court proceedings to all effectuates several rights, such as the right to open justice and public trial, and the right to know the latest legal developments. Live streaming also enables a large segment of people, be it young lawyers, journalists, civil society activists, academicians or students of law to view live proceedings on a real-time basis.¹

1. Swapnil Tripathi v. Supreme Court of India, (2018) 10 SCC 639 [↩] [↩]