Constitutional Perspective of the Right to Information Act 2005 A Critical Analysis With Special Reference to Private Institutions

Abstract

The Right to Information Act, 2005 was enacted to obtain information as defined under section 2(f) from the Public Authority which is defined under Section 2(h). The said legislation enshrines the Right to Information (hereinafter, RTI) which is considered to be a basic human right and a benchmark of the liberties to which Commonwealth countries are committed. Further, according to the Constitution of India the Right to Information flows form Article 19 (1) (a). Whereas, the Right to Privacy flows from Article 21 of the Constitution. Article 21 being absolute in nature, whereas the Protection of the Right to Information, is subject to reasonable restrictions being as it flows from Article 19(1) (a) of the Constitution. newline Though the Right to Information and the Right to Privacy are both antagonistic terms, are in-fact complimenting each other. On one hand Right to Information expands access to information from public authority whereas on the other hand Right to Privacy safeguards individuals / private institutions from government overreach. newline Policy of the Government known as Liberalization, Privatization, and Globalization (LPG) reforms. The role of the state is getting limited and functions of the State which is exclusively reserved for the State is being exercised by Private Institutions. newline Hon ble the Prime Minister of India on 30th July, 2022 while narrating his idea on Amrit-Kal (Coming 25 years period) during All District Legal Services Authorities Meet organized by National Legal Services Authority has shared his vision for India at 2047 for making India a World Leader by that time. He said, To make India a newlineiii newlineWorld Leader, India must become Energy and Technologically independent. The same can be done by the participation of Private Sectors. newline Private institutions for the reason of LPG policy are being entangled in public function and/or utilizing public funds.