Question

What type of law is the Right to Information Act?

• A. Legal Right
• B. Fundamental Rights
• C. Political Right
• D. Constitutional Right

Hint:

Be precise with the classification of rights. The RTI Act provides a 'legal/statutory right'. The 'right to information' as a concept is now considered an implied 'fundamental right' by the Supreme Court. The question asks about the {Act}, so Legal Right is the better answer.

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
The question asks to classify the Right to Information (RTI) Act, 2005.
Step 2: Key Concept:
- A Fundamental Right is guaranteed by Part III of the Constitution.
- A Constitutional Right is any right provided for in the Constitution (could be outside Part III).
- A Legal Right (or statutory right) is a right conferred by an ordinary law (an Act) passed by the Parliament or a state legislature.
Step 3: Detailed Explanation:
The Right to Information is provided to citizens under the Right to Information Act, 2005, which is a law passed by the Parliament of India. Therefore, it is a Legal Right or a Statutory Right.
However, the Supreme Court, in several judgments (e.g., {State of U.P. vs. Raj Narain}), has interpreted that the Right to Information is an intrinsic part of the Fundamental Right to Freedom of Speech and Expression under Article 19(1)(a) of the Constitution.
So, while the RTI Act itself provides a legal right, the right to information is also considered a part of a fundamental right. But the Act itself is a piece of legislation, making 'Legal Right' the most direct and accurate classification of the Act.
Step 4: Final Answer
The Right to Information Act, 2005, establishes a legal framework for citizens' right to information, making it a Legal Right.