Question

Right to know flows from one of these Articles of the Constitution

• A. Art. 15
• B. Art. 19
• C. Art. 20
• D. Art. 23

Hint:

Many important rights like the 'Right to Information' and 'Freedom of the Press' are not explicitly written in the Constitution but are judicially interpreted as being inherent in Article 19(1)(a) - Freedom of Speech and Expression.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The 'Right to Know' or the 'Right to Information' is not explicitly mentioned as a fundamental right in the Constitution of India. However, the Supreme Court of India has interpreted it to be an integral part of one of the existing fundamental rights.
Step 2: Detailed Explanation:
- Article 19(1)(a): This article guarantees to all citizens the "right to freedom of speech and expression".
- Judicial Interpretation: The Supreme Court, in a series of landmark judgments (such as State of U.P. vs. Raj Narain and S.P. Gupta vs. Union of India), has held that the right to freedom of speech and expression includes the right to receive and impart information. The court reasoned that for a citizen to form an informed opinion and express it freely, they must have access to information. A well-informed citizenry is crucial for the functioning of a democracy. Therefore, the right to know is an intrinsic part of the freedom of speech and expression under Article 19(1)(a).
- This judicial interpretation later formed the constitutional basis for the enactment of the Right to Information (RTI) Act, 2005.
- The other articles are not relevant: - Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth. - Article 20: Provides protection in respect of conviction for offences. - Article 23: Prohibits traffic in human beings and forced labour.
Step 3: Final Answer:
The Right to Know is considered to flow from the Right to Freedom of Speech and Expression, which is guaranteed under Article 19(1)(a) of the Constitution.