Question

Which provision was used by the Supreme Court to declare ‘Right to Information’ a fundamental right for all citizens of India?

• A. Article 19(1)(b) of the Constitution
• B. Article 19(1)(a) of the Constitution
• C. Right to Information Act, 2005
• D. Article 19(1)(a) and the RTI Act collectively

Hint:

Fundamental rights come from the Constitution—not from statutes. RTI Act only facilitates the exercise of the right that already exists under Article 19(1)(a).

Answer 1

The Correct Option is B

Step 1: Background of the doctrine.
The Supreme Court in several landmark cases—such as State of Uttar Pradesh v. Raj Narain (1975)} and S.P. Gupta v. Union of India (1981)}—held that freedom of speech and expression includes the right to receive information.
Step 2: Basis of recognition.
Article 19(1)(a) guarantees freedom of speech and expression. The Court expanded the scope to include the right to know, because: - A democracy requires informed citizens. - Transparency enables accountability. - Public participation becomes meaningful only when information is accessible.
Step 3: Role of RTI Act, 2005.
The RTI Act provides a statutory mechanism to implement the already recognised fundamental right. But the fundamental right itself existed before RTI Act and derives its source from Article 19(1)(a), not the statute.
Conclusion: The Supreme Court did not need the RTI Act to declare the right; it relied solely on Article 19(1)(a).