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manjoo

Fundamental rights

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manjoo

Is RTI my fundamental rights? Is there a chance that Government can take away my fundamental rights? What I mean is if there is a change in Government can a new Government take away my fundamental rights like Right to Information.

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karira

Fundamental Rights are a part of our Constitution.

The Constitution needs to be amended in order to take away your rights - unless there is a declaration of Emergency (Constitution allows it). The process is to amend it is laid down in Art 368 of the Constitution. Please read:

 

Amendment of the Constitution of India - Wikipedia, the free encyclopedia

 

 

Past amendments:

 

(AMENDMENT) ACTS

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manjoo

But is RTI my fundamental right

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karira
But is RTI my fundamental right

 

 

As pronounced by the SC several times, a citizens Right to Information is a part of the citizens Right to Freedom of Speech enshrined in Art 19 of the constitution.

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G.R.Vidyaranya

Unfortunately there is no data to show that Human Rights commission entertains complaints of violation of this fundamental right even when SIC/CIC has issued an order which is not complied with. If any one has info on this it can be shared.

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karira
Unfortunately there is no data to show that Human Rights commission entertains complaints of violation of this fundamental right even when SIC/CIC has issued an order which is not complied with. If any one has info on this it can be shared.

 

Some members have tried out and a few are still trying out. Please read:

 

http://www.rtiindia.org/forum/104090-rti-can-human-rights.html

 

http://www.rtiindia.org/forum/53376-bihar-human-rights-commission-issues-notice-nitish.html

 

http://www.rtiindia.org/forum/104090-rti-can-human-rights-print.html

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manjoo

Human Right? What is this discussion taken turn. :SS:

 

Coming back to my question, so in layman terms, RTI is indeed my #FundamentalRight , right?

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koteswararaonerella

You have NOT UNDERSTOOD "FUNDAMENTAL RIGHTS" which have been enshrined in the Constitution,Like Freedom of Speech,Freedom of Religion ,freedom from Exploitation etc., RTI was enacted in 2005 while the Constitution is in operation since 1950.So RTI being Fundamental Right or not is NOT THE ISSUE HERE.Under RTI any citizen can get the INFORMATION relating to and with Public Authority of all government departments.You have to file your RTI Application with the PA concerned and pay fee of Rs.10/- as fees through Court fee stamps or Indian Postal Order (IPO) and wait for 30 days under Sec7(1) to receive the reply.This is the purpose of RTI which should be clear to you.

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Sunil Ahya

> Fundamental Rights of a citizen of India are given in the Constitution of India, Part III - titled "Fundamental Rights" which spans from Article 12 to Article 35 (you may Google search for the keyword 'Constitution of India', download and read the same, so as to be aware of your Fundamental Rights).

 

 

> The fundamental human right which is relevant to the subject matter of discussion in this thread is Article 19(1)(a) which states that "All citizens shall have the right — to freedom of speech and expression".

 

 

> Freedom of speech and expression is a multi-faceted right which has three distinct aspects:

the right to seek information and ideas;

the right to receive information and ideas;

and the right to impart information and ideas.

 

Thus, the right to seek, receive and impart
information
and ideas is a fundamental right derived from the right to 'freedom of speech & expression'.

 

 

> In the year 2005, the Parliament of India enacted Right to Information Act (RTI Act), specifically for the purpose of giving a practical effect to the letter & intent of the provision of Article 19(1)(a) of the Constitution of India, whereby a citizen of India can secure an access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority.

Thus, accessing information under RTI Act, is a fundamental right of a citizen of India, conferred on him, by virtue of Article 19(1)(a).

 

 

> If the parent fundamental right Article 19(1)(a) itself i.e. 'the right to freedom of speech & expression' itself were to be amended and taken away, then it can be done by the Parliament of India by invoking Article 368 of the Constitution, however, such an amendment will have to withstand the scrutiny of a Judicial Review under Article 13(2) of the Constitution which states as follows: "The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void."

 

 

> But, if the parent fundamental right 19(1)(a) per say were not to be amended and taken away, but merely the child RTI Act which has been derived from it were to be amended, then it can be done by the Parliament of India by introducing a Bill and following the 'Legislative Procedure' laid down under Chapter II titled 'Parliament' (pls. refer Art. 107 - 111).

 

P.S.

 

Any additions / corrections to the above will be sincerely appreciated.

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G.R.Vidyaranya

Yes, still any doubt?

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Prasad GLN

Every member has to take a print out and preserve the following CIC decision with lamination, as it throws light on all aspects of RTI Act. Each sentence is studded with gems of wisdom and strength of law and discussed both national and international human rights.

Ms. Veena Grover vs. Central Bureau of Investigation in Appeal No.CIC/WB/A/2009/000111 dt.18-2-2009

It may not matter what we say as individuals, but what was earlier said by Apex court and other international organisation does matter.

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jps50

Yes, RTI is fundamental right emanating from article 19.1.a of the Constitution of India. It was first so asserted by SC in famous UP State v/s Rajnarayan case [ of 1975]. In short it avers that if citizens have right to expression as fundamental right, then right to get information should also be a fundamental right, since without getting information, citizens cannot meaningfully express themselves.

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jps50

I attach decision of CIC referred to in post No. 11.

FUNDAMENTAL RIGHT.pdf

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koteswararaonerella

The judgment is very very clear and thus INFORMATION SOUGHT UNDER RTI is a FUNDAMENTAL RIGHT under Art.19 of our Constitution.

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koteswararaonerella

There is a commission to attend to and solve the VOILATION OF HUMAN RIGHTS BOTH AT STATE LEVEL AND CENTRAL LEVEL AND THOSE citizens who feel that human Rights are denied can approch the Commission

 

Secondly after so much discussion you are again asking"IS THE RTI A FUNDAMENTAL RIGHT? The answer is YES and NO.Yes because this RTI Information is viewed as a FUNDAMNENTAL RIGHT by the Hon'ble Supreme Court in a case that came before it denying the INFORMATION and Court directed the CBI to provide the Information as DENIAL AMOUNTS TO VOILATION OF FUNDAMENTAL RIGHTS.

NO because RTI was NOT THERE IN THE origional FUNDAMENTAL RIGHTS THAT HAVE BEEN LISTED IN THE Art.19 Part III of the INDIAN CONSTITUTION.

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Sunil Ahya
There is a commission to attend to and solve the VOILATION OF HUMAN RIGHTS BOTH AT STATE LEVEL AND CENTRAL LEVEL AND THOSE citizens who feel that human Rights are denied can approch the Commission

 

Secondly after so much discussion you are again asking"IS THE RTI A FUNDAMENTAL RIGHT? The answer is YES and NO.Yes because this RTI Information is viewed as a FUNDAMNENTAL RIGHT by the Hon'ble Supreme Court in a case that came before it denying the INFORMATION and Court directed the CBI to provide the Information as DENIAL AMOUNTS TO VOILATION OF FUNDAMENTAL RIGHTS.

NO because RTI was NOT THERE IN THE origional FUNDAMENTAL RIGHTS THAT HAVE BEEN LISTED IN THE Art.19 Part III of the INDIAN CONSTITUTION.

 

Right to Information is fundamental right because the provision of Article 19(1)(a) of the Constitution of India, read with, the provision of Article 19 of the Universal Declaration of Human Rights adopted in 1948 by 48 signatory countries, and with India being one of the signatories to it, says so, and not merely because a Court of Law pronounces it as a 'Case Law'; in fact it is the other way around.

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koteswararaonerella

I stands CORRECTED TO THAT EXTENT ON MY COMMENTS.

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koteswararaonerella

But I find that the FUNDAMENTAL RIGHTS UNDER Art.19(1) reads as

(a) To FREEDOM OF SPEECH AND EXPRESSION\

(b)To assemble peacefully and without arms

©To form associations and unions

(d)To move freely through out the terriotory of India

(e)To reside and settle in any paert of the terriotory of India

(f) OMITTED

(g)To practice ANY PROFESSION OR TO CARRY ON ANYOCCUP[ATION,TRADE OR BUSINESS

Please tell whether these are the FUNDAMWENTAl rights or noT as per the CONSTITUTION.

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Sunil Ahya
But I find that the FUNDAMENTAL RIGHTS UNDER Art.19(1) reads as

(a) To FREEDOM OF SPEECH AND EXPRESSION\

(b)To assemble peacefully and without arms

©To form associations and unions

(d)To move freely through out the terriotory of India

(e)To reside and settle in any paert of the terriotory of India

(f) OMITTED

(g)To practice ANY PROFESSION OR TO CARRY ON ANYOCCUP[ATION,TRADE OR BUSINESS

Please tell whether these are the FUNDAMWENTAl rights or noT as per the CONSTITUTION.

 

> Article 19(1)(a) of the Constitution of India, states as follows:

 

“19. (1) All citizens shall have the right—

 

(a) to freedom of speech and expression;”

 

 

 

> Article 19 of the Universal Declaration of Human Rights, which was adopted in 1948 by 48 signatory countries, and with India being one of the signatories to it, defines freedom of speech & expression, as follows:

 

"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”

 

 

> Now, given that India is one of the 48 signatories to the aforesaid Universal Declaration, the phrase “freedom of speech and expression” as given in the Article 19(1)(a) of Constitution of India, is to be construed to include the definition of “freedom of speech and expression” as given in the said Universal Declaration,

Thus, the provision of “freedom of speech and expression” in Article 19(1) (a) of the Indian Constitution is to be construed to include the "right to seek, receive and impart information and ideas through any media and regardless of frontiers".

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koteswararaonerella

Here also I have posted my comments which are OPT but I am not finding them and it appears there is no reason to MOVE THEM AS THEY ARE NOT OBJECTIONABLE.

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Prasad GLN

KR garu, Out of 20 posts( Excluding query), 6 replies are posted by you, you may go back to your profile and post the missing post once again, if the reply really matters and apt.

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koteswararaonerella

Yes RTI is a fundamental right under FREEDOM OF SPEECH AND EXPRESSION and coming to HUMAN RIGHTS all the citizens are having rhe liberty and dignity to live in this country and if there is any voilation he can approch HUMAN RIGHTS COMMISSION both at the state and Centre. Further you are advised to open GOOGLE SEARCH AND TYPE HUMAN RIGHTS they will give you elobarate explanation.

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Prasad GLN

RTI matters are not entertained in any Human Rights commission.

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