The right to know is a fundamental principle that empowers individuals to access information affecting their lives, governance, and justice. This concept emphasizes that informed citizens can make better decisions and hold public authorities accountable.
Although the right to know is not explicitly mentioned in the Indian Constitution, the Supreme Court has interpreted it as an essential part of Article 19(1)(a), which guarantees freedom of speech and expression, and Article 21, which ensures the right to life and personal liberty.
This right is considered fundamental as it fosters transparency, accountability, and participatory governance. It empowers citizens to scrutinize government actions, which is vital for a healthy democracy.
The Supreme Court has played a crucial role in expanding the scope of Article 19(1)(a) through various judgments, particularly those concerning the Right to Information (RTI). The Court emphasizes that freedom of expression encompasses the right to receive information.
In a significant ruling, the Delhi High Court directed the Wikimedia Foundation to remove content related to a defamation case. However, the Supreme Court overturned this decision, affirming that discussions on public platforms—even if critical or under litigation—are protected under the right to know and free speech.
The Supreme Court has clarified that mere critical or adverse comments do not constitute contempt. It stressed the importance of protecting public debates on matters of public interest, even when cases are ongoing, to prevent misuse of contempt laws.
The Wikimedia Foundation serves as a platform for user-generated information sharing, adhering to community guidelines. By providing infrastructure for Wikipedia, it supports democratic access to knowledge and the right to know.
High Courts must exercise caution when ordering the removal of public information. Judicial overreach can stifle public debate and limit democratic engagement. Courts should balance reputational concerns with constitutional freedoms, including free speech and the right to know.
The Supreme Court has reiterated the importance of public access to legal proceedings, quoting former Chief Justice D.Y. Chandrachud. He emphasized that the publicity of court proceedings ensures fairness and judicial accountability, making judges answerable to public scrutiny.
The right to know significantly enhances access to justice, promotes transparency in institutions, and encourages citizen involvement in policy-making. A well-informed public is better equipped to resist misinformation and counter authoritarian tendencies.
Q1. What is the right to know?
Answer: The right to know refers to the public's ability to access information that impacts their lives, governance, and justice, essential for accountability in democracy.
Q2. Is the right to know included in the Constitution?
Answer: While not explicitly stated, the Supreme Court interprets it as part of Article 19(1)(a) and Article 21, linking it to free speech and personal liberty.
Q3. Why is the right to know crucial for democracy?
Answer: It promotes transparency and accountability, allowing citizens to scrutinize government actions and participate in decision-making, thus strengthening democracy.
Q4. How has the Supreme Court influenced the right to know?
Answer: The Supreme Court has expanded the right to know through various judgments, particularly regarding the RTI Act, affirming it as part of freedom of expression.
Q5. What was the significance of the Wikimedia case?
Answer: The Supreme Court ruled that discussions on public platforms are protected under free speech, reaffirming the right to know even in potentially controversial contexts.
Question 1: What does the 'right to know' primarily empower citizens to do?
A) Access information affecting governance
B) Review court decisions
C) Criticize the government
D) Participate in elections
Correct Answer: A
Question 2: Which Article of the Indian Constitution relates to the right to know?
A) Article 14
B) Article 19
C) Article 21
D) Article 32
Correct Answer: B
Question 3: How does the Supreme Court view the relationship between free speech and public interest?
A) Free speech is less important
B) Public interest is irrelevant
C) Free speech must be protected
D) Public interest should be limited
Correct Answer: C
Kutos : AI Assistant!
