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102-475: The Right to Information ( RTI ) is an act of the Parliament of India & Delhi Legislative Assembly which sets out the rules and procedures regarding citizens' right to access information. It replaced the former Freedom of Information Act, 2000. Under the provisions of RTI Act, any citizen of India may request information from a "public authority" (a body of Government or "instrumentality of State") which

204-652: A secular state in India. According to the Constitution, there is no official State religion, and the State is required to treat all religions equally, impartially and neutrally. The Constitution guarantees the right to life and personal liberty, which in turn cites specific provisions in which these rights are applied and enforced: The Cultural and Educational rights, given in Articles 29 and 30, are measures to protect

306-535: A Right To Information (Amendment) Bill which would remove political parties from the scope of the law. Currently no parties are under the RTI Act and a case has been filed for bringing all political parties under it. The Right to Information Act 2019 passed on 25 July 2019 modified the terms and conditions of service of the CIC and Information Commissioners at the centre and in states. It had been criticized as watering down

408-481: A ban on filing RTI inquiries took place, noted NGO Mahiti Adhikar Gujarat Pahel, also stating that no provision in the act allowed for the blacklisting of applicants. Scholars argue that the Right to Information Act's original intent to make government transparent and accountable is faltering as RTI requests are rejected and the bureaucratic systems are bogged down by thousands of requests. Many RTIs are rejected because

510-521: A broad range of social issues, including "land and environmental rights, social security benefits, the working of financial institutions, political party financing reform, civic infrastructure, and even public-private partnerships". As per section 24 of the Act, intelligence and security organisations, both central and state, are exempted from the RTI Act except in cases of corruption or human rights violation. Such central organisations are listed in schedule 2 of

612-518: A few other countries including Japan, Britain, France, and the US. A Defence canteen order was a variant of a postal order used in Australia during World War II . Purchased at a post office, it was payable to an enlisted person in goods from a canteen rather than being a cash instrument. Postal orders are gaining in popularity as collectibles, especially among numismatists who collect banknotes. There

714-477: A foreign state. Thus, Indian aristocratic titles and title of nobility conferred by the British have been abolished. However, military and academic distinctions can be conferred on the citizens of India. The awards of Bharat Ratna and Padma Vibhushan can be used by the recipient as a title and do not, accordingly, come within the constitutional prohibition". The Supreme Court, on 15 December 1995, upheld

816-414: A government by opinion and therefore, the means of formulating public opinion should be secured to the people of a democratic nation. For this purpose, the constitution guaranteed to all the citizens of India the freedom of speech and expression and various other freedoms in the form of the fundamental rights. All people, irrespective of race, religion, caste or gender, have been given the right to petition

918-533: A large majority, Congress leaders appointed persons from diverse political backgrounds to positions of responsibility for developing the constitution and national laws. Notably, B. R. Ambedkar became the chairperson of the Drafting Committee , while Jawaharlal Nehru and Sardar Vallabhbhai Patel became chairpersons of committees and sub-committees responsible for different subjects . A notable development during that period having significant effect on

1020-412: A person professing that particular religion. Article 17 abolishes the practice of untouchability in any form, making it an offense punishable by law. The Protection of Civil Rights Act, 1955 was enacted by Parliament to further this objective. Article 18 prohibits the State from conferring any titles other than military or academic distinctions, and the citizens of India cannot accept titles from

1122-405: A person to work without wages where he was legally entitled not to work or to receive remuneration for it. However, it permits the State to impose compulsory service for public purposes, including conscription and community service . The Bonded Labour System (Abolition) Act, 1976, has been enacted by Parliament to give effect to this Article. Article 24 prohibits the employment of children below

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1224-466: A procedure must be just, fair and reasonable, and effectively reading due process into Article 21. In the same case, the Supreme Court also ruled that "life" under Article 21 meant more than a mere "animal existence"; it would include the right to live with human dignity and all other aspects which made life "meaningful, complete and worth living". Subsequent judicial interpretation has broadened

1326-412: A result, Article 21, which prevents the encroachment of life or personal liberty by the State except in accordance with the procedure established by law, was, until 1978, construed narrowly as being restricted to executive action. However, in 1978, the Supreme Court in the case of Maneka Gandhi v. Union of India extended the protection of Article 21 to legislative action, holding that any law laying down

1428-461: A state, the rights conferred by Article 19 (freedoms of speech, assembly and movement, etc.) remain suspended. Hence, in such a situation, the legislature may make laws that go against the rights given in Article 19. The President may by order suspend the right to move the court for the enforcement of other rights as well. The Right to Equality is one of the chief guarantees of the Constitution. It

1530-477: A vast, diverse nation and population. In 1928, the Nehru Commission composing of representatives of Indian political parties proposed constitutional reforms for India that apart from calling for dominion status for India and elections under universal suffrage, would guarantee rights deemed fundamental, representation for religious and ethnic minorities, and limit the powers of the government. In 1931,

1632-591: Is an active numismatic organisation in the UK called the Postal Order Society that was established in 1985 with members both domestically and overseas. They hold twice-yearly postal auctions of postal orders and related material from across the British Commonwealth. Despite competition from cheques and electronic funds transfer , postal orders continue to appeal to customers, especially as

1734-461: Is an integral part of Right to Life and Personal Liberty guaranteed in Article 21 of the Constitution," The fundamental rights have been revised for many reasons. Political and other groups have demanded that the right to work , the right to economic assistance in case of unemployment, old age, and similar rights be enshrined as constitutional guarantees to address issues of poverty and economic insecurity, though these provisions have been enshrined in

1836-525: Is available to all people and so is the right to freedom of religion. On the other hand, freedoms of speech and expression , and freedom to reside and settle in any part of the country are reserved for citizens alone, including non-resident Indian citizens . The right to equality in matters of public employment cannot be conferred to overseas citizens of India . Fundamental rights primarily protect individuals from any arbitrary state actions, but some rights are enforceable against individuals. For instance,

1938-556: Is counteracted by the Whistle Blowers Protection Act, 2011 . The Right to Information (Amendment) Bill, 2019, seeks to amend Sections 13, 16, and 27 of the RTI Act. Section 13 of the original Act: It sets the term of the central Chief Information Commissioner and Information Commissioners at five years (or until the age of 65, whichever is earlier). Finally in Ashwanee K. Singh's case on 20 September 2020, it

2040-404: Is embodied in Articles 14–18, which collectively encompass the general principles of equality before law and non-discrimination and Articles 17–18 which collectively encompass further the philosophy of social equality. Article 14 guarantees equality before law as well as equal protection of the law to all people within the territory of India. This includes the equal subjection of all persons to

2142-505: Is governed by two major bodies: Chief Information commissioner who heads all the central departments and ministries- with their own public Information officers (PIO)s. CICs are directly under the President of India. The public authorities and departure under Union government of India are required to designate Central Public Information Officer and appellate authority. The CPIO is the initial contact for citizens who request information under

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2244-440: Is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution. It protects the inner sphere of the individual from interference from both State and non-State actors and allows individuals to make autonomous life choices. On 24 August 2017, the Supreme Court of India in its Right to Privacy verdict ruled that: "Right to Privacy

2346-426: Is required to reply expeditiously or within thirty days. In case of the matter involving a petitioner's life and liberty, the information has to be provided within 48 hours. The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request information formally. The RTI Bill

2448-504: Is required to send, along with the application (a Postal order or DD ( Demand draft ) or a bankers cheque) or a court stamp payable to the Accounts Officer of the public authority as fee prescribed for seeking information. If the person is from a disadvantaged community, he/she need not pay. The applicant may also be required to pay further fee towards the cost of providing the information, details of which shall be intimated to

2550-634: Is stabilised that right to information is a fundamental right. The Act extends to the whole of India. It covers all the constitutional authorities, including executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies "owned, controlled or substantially financed" by government, or non-Government organizations "substantially financed, directly or indirectly by funds". Private bodies are not within

2652-415: The 24th constitutional amendment in 1971, the fundamental rights given to the people were permanent and could not be repealed or diluted by Parliament. The 24th constitutional amendment introduced a new article – Article 13(4) – enabling Parliament to legislate on the subjects of Part III of the constitution using its constituent powers per Article 368 (1) . In 1973, a 13 member constitutional bench of

2754-481: The Bharatiya Nyaya Sanhita , subject to discretion of the judiciary . The Fundamental Rights are defined as basic human freedoms where every Indian citizen has the right to enjoy for a proper and harmonious development of personality and life. These rights apply universally to all citizens of India, irrespective of their race , place of birth, religion, caste or gender . They are enforceable by

2856-489: The Citizenship (Amendment) Bill, 2003 . As per Article 19 of Part III of the Constitution, the fundamental rights of people such as freedom of speech and expression, gathering peaceably without arms and forming associations or unions shall not effect the interests of the sovereignty unity and integrity of India. The words sovereignty and integrity are the qualities to be cultivated/emulated by Indian people as urged by

2958-843: The Fundamental Law of the Land and are enforceable in a court of law. However, this does not mean that they are absolute or immune from Constitutional amendment . Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labour . They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions. When

3060-667: The Indian National Congress (the largest Indian political party of the time) adopted resolutions committing itself to the defence of fundamental civil rights, as well as socio-economic rights such as the minimum wage and the abolition of untouchability and serfdom . Committing themselves to socialism in 1936, the Congress leaders took examples from the Constitution of the Soviet Union , which inspired

3162-535: The National Security Act (NSA) are a means of countering these fundamental rights, because they sanction excessive powers with the aim of fighting internal and cross-border terrorism and political violence, without safeguards for civil rights . The phrases "security of State", "public order" and "morality" are of wide implication. The meaning of phrases like "reasonable restrictions" and "the interest of public order" have not been explicitly stated in

Right to Information Act, 2005 - Misplaced Pages Continue

3264-560: The Supreme Court or the High Courts for the enforcement of their fundamental rights. It is not necessary that the aggrieved party has to be the one to do so. Poverty-stricken people may not have the means to do so and therefore, in the public interest, anyone can commence litigation in the court on their behalf. This is known as " public interest litigation ". In some cases, High Court judges have acted suo moto on their own on

3366-829: The United States Postal Service , and the United States Postal Service requires a purchaser to know, in advance, where presentment of the instrument will occur. Only special, more expensive United States International Postal Money Orders may be presented abroad. In the United States, international money orders are pink and domestic money orders are green. Canada had its own postal orders (called postal notes) from 1898 until 1 April 1949, when these were discontinued and withdrawn. A British Forces Post Office in Suffield, Alberta

3468-634: The absolute majority of the total members of a house – whether the Lok Sabha or Rajya Sabha . While deciding the Golaknath case in February 1967, the Supreme Court ruled that Parliament had no power to curtail the fundamental rights. They were made permanent and sacrosanct, reversing the Supreme Court's earlier decision which had upheld Parliament's power to amend all parts of the Constitution, including Part III related to fundamental rights. Up until

3570-523: The directive principles of state policy . The right to freedom and personal liberty has a number of limiting clauses, and thus has been criticised for failing to check the sanctioning of powers often deemed "excessive". There is also the provision of preventive detention and suspension of fundamental rights in times of emergency . The provisions of acts like the Maintenance of Internal Security Act (MISA), Armed Forces (Special Powers) Act (AFSPA) and

3672-467: The freedom of speech and expression , freedom of assembly without arms, freedom of association , freedom of movement throughout the territory of our country, freedom to reside and settle in any part of the country of India and the freedom to practice any profession. All these freedoms are subject to reasonable restrictions that may be imposed on them by the State, listed under Article 19 itself. The grounds for imposing these restrictions vary according to

3774-560: The Act. The schedule has been amended four times, in September 2005, March 2008, October 2008 and May 2021. Fundamental rights in India The Fundamental Rights in India enshrined in part III (Article 12–35) of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India . These rights are known as "fundamental" as they are

3876-582: The Constituent Assembly debates in December 1948, Dr. Babasaheb Ambedkar had said that the rights invested with the Supreme Court through this Article could not be taken away unless the Constitution itself is amended and hence it was 'one of the greatest safeguards that can be provided for the safety and security of the individual'. The right to constitutional remedies is present for enforcement of fundamental rights. The right to privacy

3978-412: The Constitution abolishes untouchability and also prohibits begar . These provisions act as a check both on state action as well as the action of private individuals. However, these rights are not absolute or uncontrolled and are subject to reasonable restrictions as necessary for the protection of general welfare. They can also be selectively curtailed. The Supreme Court has ruled that all provisions of

4080-454: The Constitution but not used related to the territory of India. Article 1 of Part 1 of the Indian constitution, defines India (Bharat) as a Union of states. In a nutshell, India "is its people, not its land", as enshrined in the Constitution. Although speedy trial is a fundamental right, the cases involving violations of fundamental rights take an inordinate amount of time for resolution by

4182-533: The Constitution in 2005. Article 19 (1) under which every citizen has freedom of speech and expression and the right to know how the government works, what roles it plays, what its functions are, and so on. The Right against Exploitation contained in Articles 23–24, lays down certain provisions to prevent exploitation of the weaker sections of the society by individuals or the State. Article 23 prohibits human trafficking , making it an offence punishable by law, and also prohibits forced labour or any act of compelling

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4284-405: The Constitution of India came into force it basically gave seven fundamental rights to its citizens. However, Right to Property was removed as a Fundamental Right through 44th Constitutional Amendment in 1978. In 2009, Right to Education Act was added. Every child between the age of 6 to 14 years is entitled to free education. In the case of Kesavananda Bharati v. State of Kerala (1973) [1] , it

4386-472: The Constitution were made deleting, adding or diluting the fundamental rights before the judgement of Golaknath case (Constitutional amendments 1, 4, 7, and 16) and after the validity of 24th constitutional amendment was upheld by the Supreme Court (Constitutional amendments 25, 42, 44, 50, 77, 81, 85, 86, 93, and 97). Articles 31A and Article 31B are added by the first constitutional amendment in 1951. Article 31B says that any acts and regulations included in

4488-598: The Constitution, and this ambiguity leads to unnecessary litigation. The freedom to assemble peaceably and without arms is exercised, but in some cases, these meetings are broken up by the police through the use of non-fatal methods. Freedom of press has not been included in the right to freedom, which is necessary for formulating public opinion and to make freedom of expression more legitimate. Employment of child labour in hazardous job environments has been reduced, but their employment even in non-hazardous jobs, including their prevalent employment as domestic help violates

4590-479: The Constitution, including fundamental rights, can be amended, but that Parliament cannot alter the basic structure of the constitution. Since the fundamental rights can be altered only by a constitutional amendment , their inclusion is a check not only on the executive branch but also on the Parliament and state legislatures. A state of national emergency has an adverse effect on these rights. Under such

4692-490: The Constitution. The authorities under RTI Act 2005 are called public authorities. The Public Information Officer (PIO) or the First Appellate Authority in the public authorities perform quasi judicial function of deciding on the application and appeal respectively. This act was enacted in order to consolidate the fundamental right in the Indian constitution 'freedom of speech'. Since RTI is implicit in

4794-498: The Drafting Committee. The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. The writers of the constitution regarded democracy of no avail if civil liberties , like freedom of speech and religion, were not recognised and protected by the State. According to them, "democracy" is, in essence,

4896-551: The Indian Army and intelligence agencies. Article 34 of the Constitution grants authority to the Parliament to provide indemnification for government servants or individuals who may have taken actions in relation to the maintenance or restoration of order within regions where martial law had been enforced. This constitutional provision essentially empowers the Parliament to absolve these individuals from any legal liability or consequences arising from their actions undertaken in

4998-757: The Indian constitution took place on 10 December 1948 when the United Nations General Assembly adopted the Universal Declaration of Human Rights and called upon all member states to adopt these rights in their respective constitutions. The fundamental rights were included in the First Draft Constitution (February 1948), the Second Draft Constitution (17 October 1948) and final Third Draft Constitution (26 November 1949), prepared by

5100-528: The Ninth Schedule of the constitution by the Parliament can override the fundamental rights and such laws cannot be repealed or made void by the judiciary on the grounds of violating fundamental rights. Thus fundamental rights given in Part III are not equally applicable in each state /region and can be made different by making additions/deletions to Ninth Schedule by constitutional amendments. In 2007,

5202-550: The Right to Freedom of Speech and Expression under Article 19 of the Indian Constitution, it is an implied fundamental right. Information disclosure in India had traditionally been restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act overrides. Right to Information codifies a fundamental right of the citizens of India. RTI has proven to be very useful, but

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5304-584: The Right to Information (RTI) Act. If a citizen is dissatisfied with the response provided by the State Public Information Officer (SPIO), they may file an appeal with the designated Appellate Authority. The State Information Commission (SIC) is an autonomous body, that is established by state governments to ensure the public's right to information. The SIC is made up of a State Chief Information Commissioner (SCIC) and up to 10 State Information Commissioners (SIC). The Governor appoints

5406-531: The State Governments. It is an initiative taken by Department of Personnel and Training , Ministry of Personnel, Public Grievances and Pensions . The Right to information in India has been mired with controversies ranging from their use in political battles, asking for educational degrees of political rivals, or cases of blatant refusals to provide information on high-profile projects to allegations of misuse by civil society. The backlash against RTI by

5508-421: The State can detain such person without trial for only three months, and any detention for a longer period must be authorised by an advisory board. The person being detained also has the right to be informed about the grounds of detention, and be permitted to make a representation against it, at the earliest opportunity. Right to information has been given the status of a fundamental right under Article 19(1) of

5610-428: The State from discriminating against anyone in matters of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of residence or income. It creates exceptions for the implementation of measures of affirmative action for the benefit of any backward class of citizens to ensure adequate representation in public service, as well as reservation of an office of any religious institution for

5712-497: The State is not precluded from making special provisions for women and children or any socially and educationally backward classes of citizens, including the Scheduled Castes and Scheduled Tribes . This exception has been provided since the classes of people mentioned are considered deprived and in need of special protection . Article 16 guarantees equality of opportunity in matters of public employment and prevents

5814-437: The Supreme Court also upheld with majority the validity of the 24th constitutional amendment. However, it ruled that the basic structure of the constitution , which is built on the basic foundation representing the dignity and freedom of the individual, could not be altered, and that it was "of supreme importance" and could not be destroyed by means of amendment(s) to the Constitution. Many constitutional amendments to Part III of

5916-556: The Supreme Court ruled that there could not be any blanket immunity from judicial review for the laws inserted in the Ninth Schedule. Apex court also stated it shall examine laws included in the Ninth Schedule after 1973 for any incompatibility with the basic structure doctrine. Section 4 of the 42nd Amendment , had changed Article 31C of the Constitution to accord precedence to the Directive Principles (earlier applicable only to clauses b & c of Article 39) over

6018-430: The Supreme Court which is against the legal maxim ' justice delayed is justice denied '. Changes to the fundamental rights require a constitutional amendment , which has to be passed by a special majority of both houses of Parliament. This means that an amendment requires the approval of two-thirds of the members present and voting. However, the number of members voting in support of the amendment shall not be less than

6120-433: The UK, although a crossed postal order must be paid into a bank account. Until April 2006 they came in fixed denominations though an amount of any value less than the next higher fixed denomination could be produced by adding one or more postage stamps in the space on the postal order that was designated for that purpose, but due to increased popularity they were redesigned to make them more flexible and secure. They now have

6222-491: The act's purview. In a decision of Sarbjit Roy vs Delhi Electricity Regulatory Commission , the Central Information Commission also reaffirmed that privatised public utility companies fall within the purview of RTI. As of 2014, private institutions and NGOs receiving over 95% of their infrastructure funds from the government come under the Act. The Central Information Commission (CIC) held that

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6324-452: The acts and functionaries of the public authorities. There is a consensus felt that there is a need to amend the RTI Act to provide for the protection of those seeking information under the Act . The Asian Centre for Human Rights recommends that a separate chapter, "Protection of those seeking information under the (RTI) Act", be inserted into the Act. Protection measures suggested include: Many civil society members have recently alleged

6426-477: The affected individual. Exercise of jurisdiction by the Supreme Court can also be suo motu or on the basis of a public interest litigation . This right cannot be suspended, except under the provisions of Article 352, when a state of emergency is declared. Article 33 of the Indian constitution grants the Parliament the authority to enact legislation aimed at limiting the extension of fundamental rights to particular groups, which may encompass individuals within

6528-480: The age of 14 years in factories, mines and other hazardous jobs. Parliament has enacted the Child Labour (Prohibition and Regulation) Act, 1986, providing regulations for the abolition of, and penalties for employing, child labour, as well as provisions for rehabilitation of former child labourers. The Right to Freedom of Religion, covered in Articles 25–28, provides religious freedom to all citizens and ensures

6630-492: The appellate authority. As a final recourse, citizens can appeal to the State Information Commission.. The SPIO office is directly under the corresponding State Governor. State Information Commissions are independent bodies and Central Information Commission has no jurisdiction over the State Information Commission. List of SICs: A citizen who desires to seek some information from a public authority

6732-514: The applicant by the PIO (Public Information Officer) as prescribed by the RTI ACT. A digital portal has been set up, RTI Portal , a gateway to the citizens for quick search of information on the details of first Appellate Authorities, PIOs etc. amongst others, besides access to RTI related information disclosures published on the web by various Public Authorities under the government of India as well as

6834-409: The application of fundamental rights to the armed forces, the restriction of fundamental rights during martial law, and the punishment for violating the fundamental rights. It also states that any law that was in force before the Constitution came into effect on these matters will continue to be valid until amended or repealed by the Parliament. Article 35 also clarifies that the term "law in force" has

6936-402: The authority of law, as well as equal treatment of persons in similar circumstances. The latter permits the State to classify persons for legitimate purposes, provided there is a reasonable basis for the same, meaning that the classification is required to be non-arbitrary, based on a method of intelligible differentiation among those sought to be classified, as well as have a rational relation to

7038-459: The basis of newspaper reports. These fundamental rights help not only in protection but also the prevention of gross violations of human rights. They emphasise on the fundamental unity of India by guaranteeing to all citizens the access and use of the same facilities, irrespective of background. Some fundamental rights apply for persons of any nationality whereas others are available only to the citizens of India. The right to life and personal liberty

7140-630: The bureaucratic requirements (including the technocratic language used) of filing are too onerous and legalistic for ordinary citizens. Sixty percent of the RTI appeals made to Information Commissioners in Delhi are rejected for a variety of reasons, including that appeals are not typed or not written in English, or lack an index of the papers attached or a list of date. This bureaucratic barrier, worse for those without access to higher education or information, makes

7242-419: The constitution so that it could be easily enforced. He drafted this Article 32. B. R. Ambedkar had said, "If I was asked to name any particular article in this Constitution as the most important – an article without which this Constitution would be a nullity – I could not refer to any other article except this one (Article 32). It is the very soul of the Constitution and the very heart of it." During

7344-424: The context of martial law implementation. In essence, it allows for the legal protection and exoneration of those involved in maintaining or restoring order during periods when martial law was in effect. Article 35 of the Indian Constitution is a provision that gives the Parliament the exclusive power to make laws on certain matters related to the fundamental rights, such as the reservation of public employment,

7446-598: The country demanding guaranteed civil freedoms, and limitations on government power. Indians, who were seeking independence and their own government, were particularly influenced by the independence of Ireland and the development of the Irish constitution . Also, the directive principles of state policy in Irish constitution were looked upon by the people of India as an inspiration for independent India's government to comprehensively tackle complex social and economic challenges across

7548-594: The courts, subject to certain restrictions. The Rights have their origins in many sources, including England's Bill of Rights , the United States Bill of Rights and France's Declaration of the Rights of Man . The six fundamental rights are: Rights literally mean those freedoms which are essential for personal good as well as the good of the community. The rights guaranteed under the Constitution of India are fundamental as they have been incorporated into

7650-458: The doctrine of due process , was heavily debated by the Constituent Assembly. It was argued, especially by Benegal Narsing Rau , that the incorporation of such a clause would hamper social legislation and cause procedural difficulties in maintaining order, and therefore it ought to be excluded from the Constitution altogether. The Constituent Assembly in 1948 eventually omitted the phrase "due process" in favor of "procedure established by law". As

7752-541: The enforcement of the Fundamental Rights, while the High Courts have been empowered under Article 226 – which is not a Fundamental Right in itself – to issue these prerogative writs even in cases not involving the violation of Fundamental Rights. The Supreme Court has the jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of any violation, award compensation as well to

7854-695: The following period, attempts were made from quarters asking the British government to grant rights for Indians. These demands were made in resolution by the INC between 1917 and 1919 in several reports and bills. In 1919, the Rowlatt Act gave extensive powers to the British government and allowed indefinite arrest and detention of individuals, warrantless searches and seizures, restrictions on public gatherings, and intensive censorship of media and publications. The public opposition to this act eventually led to mass campaigns of non-violent civil disobedience throughout

7956-462: The freedom sought to be restricted and include national security, public order, decency and morality, contempt of court, incitement to offences and defamation. The State is also empowered, in the interests of the general public to nationalize any trade, industry or service to the exclusion of the citizens. The freedoms guaranteed by Article 19 are further sought to be protected by Articles 20–22. The scope of these articles, particularly with respect to

8058-473: The fundamental duties of citizens as a means of collective patriotic responsibility for national interests and challenges. When India obtained independence on 15 August 1947, the task of developing a constitution for the nation was undertaken by the Constituent Assembly of India , composed of elected representatives under the presidency of Rajendra Prasad . While members of Congress constituted

8160-502: The fundamental rights of individuals. In Minerva Mills v. Union of India case, the Supreme Court ruled that the amendment to Article 31C was not valid and ultra vires . Postal order The postal order is a direct descendant of the money order , which had been established by a private company in 1792. During World War I and World War II, British postal orders were temporarily declared legal tender to save paper and labour. Postal orders can be bought and redeemed at post offices in

8262-424: The fundamental rights. These include individual rights common to most liberal democracies , such as equality before law, freedom of speech and expression , freedom of association and peaceful assembly, freedom to practice religion and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus . Violations of these rights result in punishments as prescribed in

8364-478: The independence of the information commissions, namely by empowering the government to fix the term of service and salaries of information commissioners. Supreme Court judgement Supreme Court of India on 13 November 2019, upheld the decision of the Delhi High Court bringing the office of Chief Justice of India under the purview of the Right to Information (RTI) Act. The Right to information in India

8466-448: The magistrate. The Constitution also authorizes the State to make laws providing for preventive detention , subject to certain other safeguards present in Article 22. The provisions pertaining to preventive detention were discussed with scepticism and misgivings by the Constituent Assembly, and were reluctantly approved after a few amendments in 1949. Article 22 provides that when a person is detained under any law of preventive detention,

8568-500: The members of the SIC on the recommendation of a committee. Public authorities and government departments are required to appoint a State Public Information Officer (SPIO) and an appellate authority. The SPIO is the initial point of contact for citizens seeking information under the Right to Information (RTI) Act. If a citizen is dissatisfied with the SPIO's response, they can file an appeal with

8670-533: The most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of

8772-412: The object sought to be achieved by the classification. Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, place of birth, and also gender or any of them. This right can be enforced against the State as well as private individuals, with regard to free access to places of public entertainment or places of public resort maintained partly or wholly out of State funds. However,

8874-464: The payee and value added at the time of purchase, making them more like a cheque. There is a fee for using this form of payment. The maximum value of postal order available is £250.00 for a fee of £12.50. The use of postal orders (or postal notes in some countries) was extended to most countries that are now part of the British Commonwealth of Nations, plus to a few foreign countries such as Jordan, Egypt and Thailand. United States Postal Money Service

8976-537: The political parties are public authorities and are answerable to citizens under the RTI Act. The CIC said that eight national parties - Congress , BJP , NCP , CPI(M) , CPI , BSP , NPP and AITC - has been substantially funded indirectly by the Central Government and have the character of public authorities under the RTI Act as they perform public functions. But in August 2013 the government introduced

9078-484: The right to information inaccessible. Many citizens have to seek out NGOs, RTI activists, or lawyers, to file their RTIs. Many activists view the Right to Information Act as a final liberation from British colonialism; they describe the RTI law as "a tool for empowering ordinary citizens and changing the culture of governance by making it transparent, less corrupt, participatory, and accountable". They also note that RTI requests provide strategy and substance for activists on

9180-409: The rights against ex post facto laws , double jeopardy and freedom from self-incrimination . Article 22 provides specific rights to arrested and detained persons, in particular the rights to be informed of the grounds of arrest, consult a lawyer of one's own choice, be produced before a magistrate within 24 hours of the arrest, and the freedom not to be detained beyond that period without an order of

9282-533: The rights of cultural, linguistic, and religious minorities, by enabling them to conserve their heritage and protecting them against discrimination. Article 32 provides a guaranteed remedy, in the form of a Fundamental Right itself, for enforcement of all the other Fundamental Rights, and the Supreme Court is designated as the protector of these rights by the Constitution. The Supreme Court has been empowered to issue writs , namely habeas corpus , mandamus , prohibition , certiorari and quo warranto , for

9384-541: The same meaning as in Article 372, which deals with the continuance of existing laws and their adaptation. Article 35 was added to the Constitution by the Constituent Assembly to ensure that there is uniformity and consistency in the laws relating to the fundamental rights across the country. Article 35 should not be confused with Article 35A, which was a separate article that empowered the Jammu and Kashmir (union territory) state's legislature to define "permanent residents" of

9486-439: The scope of Article 21 to include within it a number of rights including those to livelihood, good health, clean environment, water, speedy trial and humanitarian treatment while imprisoned. The right to education at elementary level has been made one of the Fundamental Rights under Article 21A by the 86th Constitutional amendment of 2002. Article 20 provides protection from conviction for offences in certain respects, including

9588-455: The spirit and ideals of the Constitution. More than 16.5 million children are employed and working in India. India was ranked 88 out of 159 in 2005, according to the degree to which corruption is perceived to exist among public officials and politicians worldwide. In 2014, India had improved marginally to a rank of 85. The right to equality in matters regarding public employment is not conferred upon overseas citizens of India , according to

9690-416: The state and provide special rights and privileges to them. Article 35A was added to the Constitution through a presidential order in 1954, without any amendment by the Parliament. It was abrogated by another presidential order in 2019, along with Article 370 , which granted special status to Jammu and Kashmir. Dr B. R. Ambedkar wanted a specific guarantee of fundamental rights expressly incorporated in

9792-485: The state hampered the citizen's right to know. Commonwealth Human Rights Initiative (CHRI) data points to over 310 cases across India where people were either attacked, physically or mentally harassed or had their property damaged because of the information they sought under RTI. The data throws up over 50 alleged murders and two suicides that were directly linked with RTI applications filed. R.T.I. Act 2005 applies to both central as well as state governments. It also covers

9894-468: The subversion of the right to information Act by the invocation of Intellectual Property rights argument by the government agencies from time to time. Most notable are: Gujarat State Information Commission banned 10 people from filing RTI queries, citing that these people were "harassing government officials" by filing multiple queries with "malafide intentions". This was the first time in Gujarat that

9996-461: The validity of such awards. The Right to Freedom is covered in Article 19 to 22, with the view of guaranteeing individual rights that were considered vital by the framers of the Constitution, and these Articles also include certain restrictions that may be imposed by the State on individual liberty under specified conditions. Article 19 guarantees six freedoms in the nature of civil rights, which are available only to citizens of India. These include

10098-645: Was held by the Apex Court that Fundamental Rights can be amended by the Parliament, however, such amendment should not contravene the basic structure of the Constitution. The first demand for fundamental rights came in the form of the "Constitution of India Bill, in 1895. Also popularly known as the Swaraj Bill 1895, it was written during the emergence of Indian nationalism and increasingly vocal demands by Indians for self-government. It talked about freedom of speech, right to privacy, right to franchise, etc. In

10200-403: Was introduced in 1864 by an act on Congress as a way of sending small amounts of money through the mail. By 1865 there were 416 post offices designated as money order offices that had issued money orders to the value of over $ 1.3 million and by 1882 they had issued orders valued at $ 113.4 million from 5,491 money order offices. Currently they facially appear as a draft against an account held by

10302-558: Was issuing British postal orders as late as July 2006. Chinese Imperial Post began issuing postal orders since 1897, the so-called "remittance certificate". After purchase, these certificates are payable at main post offices in China and usually bearing franked postage stamps represented as fee. Since 1925, a set of special stamps were used by post offices to issue secured postal orders. Since 1929, Chinese Post were capable of selling international postal orders cashable under UPU protocol at

10404-532: Was passed by Parliament of India on 15 June 2005 and came into force with effect from 12 October 2005. Every day on average, over 4800 RTI applications are filed. In the first ten years of the commencement of the act, over 17,500,000 applications had been filed. Although Right to Information is not included as a Fundamental Right in the Constitution of India , it protects the fundamental rights to Freedom of Expression and Speech under Article 19(1)(a) and Right to Life and Personal Liberty under Article 21 guaranteed by

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