Title: Juggling transparency and accountability: the RTI and R2P dilemma in India

Authors: Gaddela Srikanth

Addresses: Department of Politics and International Studies, Pondicherry University, Puducherry, 605014, India

Abstract: Democracy is based on the people's consent. The Right to Information (RTI) Act grants citizens the authority to acquire official information from government authorities within limitations. The 'right to privacy' safeguards the confidentiality of personal information, preserves individual autonomy, and ensures freedom from unwarranted intrusion or surveillance. The Indian Constitution acknowledges and protects the fundamental rights of the 'right to access information' and 'right to privacy' within a unified legal framework. Nevertheless, it is plausible that numerous scenarios exist in which the rights mentioned above may intersect, leading to a conflict between an individual's right to privacy and the need to grant access to information. In instances of this nature, the judiciary is tasked with weighing the conflicting interests and ascertaining the suitable course of action. This paper explores the importance of the rights above and the judiciary's role in reconciling and aligning these rights.

Keywords: right to information; right to privacy; judiciary; legal rights; information commission; human rights.

DOI: 10.1504/IJHRCS.2025.142868

International Journal of Human Rights and Constitutional Studies, 2025 Vol.12 No.1, pp.74 - 84

Received: 11 Jul 2023
Accepted: 12 Aug 2023
Published online: 30 Nov 2024 *