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UNIVERSITY OF PETROLEUM AND

ENERGY STUDIES

COLLEGE OF LEGAL STUDIES


LAW JUSTICE INFORMATION

SIGNIFICANCE OF RIGHT TO KNOW IN


STATE OF UP VS RAJ Narain ,1975 SC
865

Submitted to:

A. Arvindan
NEHA CHADHA
(ASST PROFESSOR)
ROLL NO. 33
COLS
500012164

Submitted by:

UPES
BBA.LLB (9th SEM)

Right to know is a Policy and law that make governmental record and
other information available to a person who demonstrate a right need to know the information.
For which Right to Information Act, 2005 was passed which mandates timely response to citizen
requests for government information. RTI Portal Gateway is created for the citizens for quick
search of information on the details of first Appellate Authorities, PIOs etc.
In the case of state of U.P versus Raj Nairan, significance of
right to know came as in the present case a citizen wanted disclosure from government officials
of the "blue book" relating to the rules and instructions for the protection of the Prime Minister
while traveling. The petitioner had claimed that the documents would reveal how the government
had engaged in corrupt practices and violated limits on amount of money that may be used in
election campaigns. Section 23 of the Indian Evidence Act prevent anyone from giving evidence
in court that was derived from certain unpublished official documents without first obtaining
permission from a relevant government official. But for the first time the Supreme Court
established that the citizens right to know arises from the fundamental right of freedom of
expression guaranteed by the Constitution. It was ruled that the government had to disclose
documents regarding security arrangements for the Prime Minister's travels within the country,
so long as disclosure did not endanger his or her security or public order, the Court reasoned that
people have the right to know everything that is done by public officials in their official capacity.
This right is derived from the concept of freedom of speech.

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