The right to information has been read by the Supreme Court into which provision of the Constitution?
- A.Article 19(1)(a)
- B.Article 21
- C.Article 32
- D.Article 51A
Correct answer
Explanation
The correct answer is A, Article 19(1)(a). The Constitution nowhere uses the words right to information, but the Supreme Court has held that the freedom of speech and expression guaranteed by Article 19(1)(a) is meaningless unless a citizen can know how the government works. State of Uttar Pradesh v Raj Narain in 1975 and S. P. Gupta v Union of India in 1981 are the judgments usually cited for this reading. Option B, Article 21, protects life and personal liberty; it supports the forty-eight hour rule in spirit but is not the source of the right. Option C, Article 32, gives the right to move the Supreme Court for enforcement of fundamental rights and is a remedy, not a freedom. Option D, Article 51A, lists the fundamental duties of citizens and creates no right at all.
Read the full article: RTI Act 2005 and Good Governance Laws: Notes
Practice Questions
View allThe Right to Information Act, 2005 came into force fully on which date?
- A.15 June 2005
- B.12 October 2005
- C.1 January 2006
- D.26 November 2005
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The RTI Act received the assent of the President on 15 June 2005, and Section 1(3) provided that the remaining provisions would come into force on the one hundred and twentieth day of its enactment.
Read the full explanation →Under the RTI Act, 2005, information concerning the life or liberty of a person must be provided within:
- A.48 hours
- B.7 days
- C.30 days
- D.35 days
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Section 7(1) of the RTI Act lays down two limits. The ordinary limit is thirty days from the receipt of the application, but where the information sought concerns the life or liberty of a person the Public Information Officer must supply it within forty-eight hours of the request.
Read the full explanation →What is the maximum penalty that an Information Commission can impose on a Public Information Officer under Section 20 of the RTI Act, 2005?
- A.Rs 10,000
- B.Rs 25,000
- C.Rs 50,000
- D.Rs 1,00,000
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Section 20(1) provides that where an Information Commission finds that a Public Information Officer has refused an application without reasonable cause, has not furnished information within the time specified, has given incorrect or misleading information or has destroyed information, it may impose a penalty of two hundred and fifty rupees…
Read the full explanation →Which section of the RTI Act, 2005 gives it an overriding effect over the Official Secrets Act, 1923?
- A.Section 8
- B.Section 18
- C.Section 22
- D.Section 24
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Section 22 states that the provisions of the RTI Act have effect notwithstanding anything inconsistent in the Official Secrets Act, 1923, in any other law in force or in any instrument having effect by virtue of any other law.
Read the full explanation →A second appeal under the RTI Act, 2005 lies to the Information Commission within how many days of the decision appealed against?
- A.30 days
- B.45 days
- C.60 days
- D.90 days
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The Act provides two appeals. Under Section 19(1) the first appeal is filed within thirty days of the reply or of the expiry of the time limit, and it goes to an officer senior in rank to the Public Information Officer within the same public authority, the First Appellate Authority.
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