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Right to Information in India is a
Explanation
The Right to Information (RTI) in India is both a fundamental and a legal right. The Supreme Court of India, in landmark cases such as State of U.P. v. Raj Narain and Bennett Coleman v. Union of India, established that RTI is implicit in the right to freedom of speech and expression guaranteed under Article 19(1)(a) [t2][t9]. This judicial interpretation elevates it to the status of a fundamental right [t1][t3]. Simultaneously, it is a legal (statutory) right because the Parliament of India enacted the Right to Information Act, 2005, to provide a practical regime for citizens to access information from public authorities [t2][t5]. While the Act codifies the procedure, the underlying right is derived from the Constitution [t6][t8]. Therefore, it exists as a fundamental right through judicial pronouncement and as a legal right through legislative enactment.
Sources
- [1] https://www.rtuassam.ac.in/online/staff/classnotes/files/1625159751.pdf
- [2] https://cag.gov.in/uploads/media/Right-to-Information-Academike-20210223120533.pdf
- [3] https://en.wikipedia.org/wiki/Right_to_Information_Act,_2005