Right to Know

May 12, 2025

Recently, the Supreme Court of India quashed a Delhi High Court order that had directed the Wikimedia Foundation (which hosts Wikipedia) to remove a user-created page and associated discussion.

 Supreme Court’s Observations

  • The ruling reaffirmed that the “Right to Know” is a basic right under Article 19(1)(a) (Freedom of Speech and Expression) and Article 21 (Right to Life and Personal Liberty).

Significance of the “Right to Know”

  • The Right to Know is essential to enable citizens to:
    • Participate in public discourse and democratic processes,
    • Access justice effectively, and
    • Hold public authorities accountable.
  • The judgment reinforced that public discussion and criticism of courts is a legitimate aspect of democracy and must not be equated with contempt without careful consideration.

Constitutional Significance of the Right to Know

  • Under Article 19(1)(a) – Freedom of Speech and Expression: This article ensures the right to express opinions through speech, writing, and other media. As per the Supreme Court, this includes the Right to Know about:
    • Government activities
    • Public decision-making
    • Court proceedings
  • The Court reiterated that freedom of expression covers the right to receive information, which is vital for democracy.
  • Under Article 21 – Right to Life and Personal Liberty: The Right to Know is also implicit in Article 21, as it enables citizens to:
    • Access justice
    • Participate in governance
    • Live with dignity through informed decision-making
  • The Supreme Court in the Menka Gandhi Case (1978) expanded Article 21 to include a broad range of rights, now including access to truthful public information:
    • Right to live with dignity,
    • Right to livelihood,
    • Right to privacy,
    • Right to shelter,
    • Right to a clean environment,
    • Right to information (including Right to Know).

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