INDIAN CONSTITUTION – AN OVERVIEW

1.1 PREAMBLE

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC

and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

भारताचे संविधान

आम्ही, भारताचे लोक, भारताचे एक सार्वभौम समाजवादी धर्मनिरपेक्ष लोकशाही गणराज्य घडवण्याचा व त्याच्या

सर्व नागरिकास

सामाजिक, आर्थिक व राजनैतिक न्याय

विचार, अभिव्यक्ती, विश्वास श्रद्धा व उपासना यांचे स्वातंत्र्य

दर्जाची व संधीची समानता

निश्चितपणे प्राप्त करून देण्याचा आणि त्या सर्वामध्ये व्यक्तीची प्रतिष्ठा व राष्ट्राची एकता आणि एकात्मता यांचे आश्वासन देणारी बंधुता प्रबंधित करण्याचा संकल्पपूर्वक निर्धार करून

आमच्या संविधानसभेत आज दिनांक २६ नोव्हेंबर १९४९ रोजी याद्वारे हे संविधान अंगीकृत आणि अधिनियमित करून स्वतः प्रत अर्पण करीत आहोत.

  • SALIENT FEATURES OF THE CONSTITUTION:

The word “constitution” comes from the Latin word “constitutio” which means rules, regulations and orders. The constitution of India came into effect on the 26th day of January 1950. The most important features of the Constitution are as under:

  1. The Constitution is the lengthiest document the world has ever produced. It took 2 years 11 months 17 days to create the Constitution.

Total number of Parts                     : XXII

Total number of Articles                 : 395

Total number of schedules              : 12

Total number of amendments          : 105 (18/08/2021)

The word “Secular” and “Socialist” were added in the Constitution in 42nd Amendment. Constitution is Supreme. No authority created under the constitution is supreme; it is the constitution which is supreme. [1]

The Constitution includes not only the Constitution of the Union but also of the States.

  1. The Constitution is federal in character, and provides for a division of powers between the Union and the States.
  2. Though the Indian Constitution is federal in form, it is perhaps the most flexible of all federal written constitutions. Most of the provisions of the Constitution can be amended by the Parliament. Only for some amendments, ratification by the States is necessary.
  3. An attempt is made in the Constitution to reconcile the theory of parliamentary sovereignty and the principle of the supremacy of the written
  4. The Constitution makes provisions for directive principles of state policy.
  5. The Indian Constitution contains fundamental rights and fundamental duties of citizens.
  6. The Constitution also provides for an independent judiciary, having the power of judicial review.
  7. Though the Constitution is federal in nature, it provides for a single citizenship of the Union. Thus, all citizens are citizens of India, and not of Karnataka or Madhya Pradesh.
  8. Another important feature is the concept of a secular There is complete freedom of religion. There is no State religion, and each person is free to pursue the religious beliefs of his choice. Moreover, freedom of religion is also an important right under the Indian Constitution.
  9. Another special feature of the Constitution is the abolition of communal electorates. The framers of the Constitution seem to have learned from their past experiences. In the interest of national solidarity, it has been found essential that there should be no voting on communal lines.
  10. Every citizen who is 18 years of age has been given the right to vote. Interestingly, the Indian Constitution does not contain a duty to vote (as in some European countries).
  11. Another unique feature of the Constitution is that it superimposes an elected President upon the Cabinet system of Government, which is responsible to the Parliament.

 

 

 

 

 

  • FUNDAMENTAL RIGHTS

 

Part III of the Constitution deals with Fundamental Rights. It enshrines the guarantees of civil liberty.

Fundamental rights are so important because they are vitally necessary for the attainment by the individual of his full moral and spiritual stature. Without those rights, the individual’s moral and spiritual life would remain stunted, and he would not be able to develop his potential.

The fundamental rights embodied in Art.  14 to 35 as under:

  • Right to Equality (Arts. 14-18)
  • Right to Freedom (Arts. 19 & 358)
  • Protection against Conviction (Art. 20)
  • Protection of Life and Personal Liberty (Art. 21)
  • Right to Education (Art. 21A)
  • Protection against Arrest and Detention (Art. 22)
  • Right against Exploitation (Arts. 23-24)
  • Right to Freedom of Religion (Arts. 25-28)
  • Cultural and Educational Rights (Arts. 29-30)
  • Right to Property (Art. 31) (Now deleted)
  • Right to Constitutional Remedies (Arts. 32-33 & 359)

 

Right to Equality (Arts. 14-18)

Right to Equality – Art 14

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth – Art 15

 The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

  1. No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to –
  2. access to shops, public restaurants, hotels and places of public entertainment; or
  3. the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
  4. Nothing in this article shall prevent the State from making any special provision for women and children.
  5. Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

  

Equality of opportunity in matters of public employment – Art 16

 There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

  1. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
  2. Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office prior to such employment or appointment.
  3. Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
  4. Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
  5. Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten percent of the posts in each category.

 

Abolition of Untouchability – Art 17

 “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.

  

Abolition of titles – Art 18

 No title, not being a military or academic distinction, shall be conferred by the State.

  1. No citizen of India shall accept any title from any foreign State.
  2. No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.
  3. No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

Right to Freedom – Arts. 19 & 358

Protection of certain rights regarding freedom of speech, etc.—

  1. All citizens shall have the right –
  2. to freedom of speech and expression
  3. to assemble peaceably and without arms;
  4. to form associations or unions [or co-operative societies];
  5. to move freely throughout the territory of India;
  6. to reside and settle in any part of the territory of India; 1[and]
  7. Repealed
  8. to practice any profession, or to carry on any occupation, trade or business.

Protection in respect of conviction for offences – Art 20

  1. No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
  2. No person shall be prosecuted and punished for the same offence more than once. (Double Jiopardy)
  3. No person accused of any offence shall be compelled to be a witness against himself.

 

Protection of life and personal liberty – Art 21

No person shall be deprived of his life or personal liberty except according to procedure established by law.

Right to education – Art 21a

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

Protection against arrest and detention in certain cases – Art 22

  1. No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
  2. Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
  3. Nothing in clauses (1) and (2) shall apply –
  4. to any person who for the time being is an enemy alien; or
  5. to any person who is arrested or detained under any law providing for preventive detention.

 Rights against Exploitation (Art 23 & 24)

Prohibition of traffic in human beings and forced labour – Art 23

  1. Traffic in human beings and beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
  2. Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

Prohibition of employment of children in factories, etc – Art 24

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment

  

Right to Freedom of Religion (Art 25 to 28)

 Freedom of conscience and free profession, practice and propagation of religion – Art 25

  1. Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
  2. Nothing in this article shall affect the operation of any existing law or prevent the State from making any law—
  3. regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
  4. providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I

The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

 

Explanation II

In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

 

Freedom to manage religious affairs – Art 26

Subject to public order, morality and health, every religious denomination or any section thereof shall have the right—

  1. to establish and maintain institutions for religious and charitable purposes;
  2. to manage its own affairs in matters of religion;
  3. to own and acquire movable and immovable property; and
  4. to administer such property in accordance with law.

Freedom as to payment of taxes for promotion of any particular Religion – Art 27

No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Freedom as to attendance at religious instruction or religious

worship in certain educational institutions – Art 28

 No religious instruction shall be provided in any educational institution wholly maintained out of State funds.

  1. Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.
  2. No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

Cultural and Educational Rights

 Protection of interests of minorities – Art 29

  1. Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
  2. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Right of minorities to establish and administer educational Institutions – Art 30

 All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

  1. The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. 

Right to Constitutional Remedies

Remedies for enforcement of rights conferred by this Part – Art 32

  1. The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
  2. The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
  3. Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
  4. The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
  • FUNDAMENTAL DUTIES

Article 51A was introduced in Part IV-A of the Constitution of India on the 42nd amendment, i.e., in 1977, thenceforth Constitution of India deals with ten Fundamental Duties of a citizen. On the 86th amendment, the 11th Duty was incorporated into the Constitution. On the recommendation of the Swaran Singh Committee, the list of Fundamental Duties was incorporated into the Constitution of India. It is pertinent to note that the Fundamental Duties are applicable to all citizens, and do not apply to non-citizens.

Fundamental duties – Art 51A

It shall be the duty of every citizen of India

  1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
  2. to cherish and follow the noble ideals which inspired our national struggle for freedom;
  3. to uphold and protect the sovereignty, unity and integrity of India;
  4. to defend the country and render national service when called upon to do so;
  5. to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
  6. to value and preserve the rich heritage of our composite culture;
  7. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
  8. to develop the scientific temper, humanism and the spirit of inquiry and reform;
  9. to safeguard public property and to abjure violence;
  10. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; and
  11. who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.
  • DIRECTIVE PRINCIPLE OF STATE POLICY

Directive Principles of State Policy are explained in Part IV of the Constitution of India, which cannot be enforced by any court and hence not justiciable. Few such directive principles were explained in THE WEIMER CONSTITUTION of Germany.

In the State of Madras vs Shri Champakan, A.I.R. 1951 S.C. 226 it was held by the Supreme Court that if there is any kind of conflict between the Fundamental Rights and the Directive Principles, the Fundamental Rights shall prevail.

Application of the principles contained in this Part – Art 37

The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

There are in all nineteen Directive Principles including Art 355, as under:

  1. State to secure a social order for the promotion of the welfare of the People – Art 38
  2. The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
  3. The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.                                                                                                                                                                                                       Certain principles of policy to be followed by the State – Art 39

The State shall, in particular, direct its policy towards securing

  1. that the citizens, men and women equally, have the right to an adequate means of livelihood;
  2. that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
  3. that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
  4. that there is equal pay for equal work for both men and women;
  5. that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
  6. that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

 

  1. Equal justice and free legal aid – Art 39A

The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

  1. Organisation of village panchayats – Art 40

The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

  1. Right to work, to education and to public assistance in certain Cases –

Art 41

The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

  1. Provision for just and humane conditions of work and maternity Relief – Art 42

The State shall make provision for securing just and humane conditions of work and for maternity relief.

 

  1. Living wage, etc., for workers – Art 43

The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

  1. Participation of workers in management of industries – Art 43A

The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.

  1. Promotion of co-operative societies – Art 43B

The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.

  1. Uniform civil code for the citizens – Art 44

The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. (UCC is explained in next chapter).

  1. Provision for early childhood care and education – Art 45

 The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

  1. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections – Art 46

 The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

  1. Duty of the State to raise the level of nutrition and the standard of living and to improve public health – Art 47

 The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

  1. Organisation of agriculture and animal husbandry – Art 48

 The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

  1. Protection and improvement of environment and safeguarding of forests and wild life – Art 48A

 The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.

  1. Protection of monuments and places and objects of national Importance – Art 49

 It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

  1. Separation of judiciary from executive – Art 50

 The State shall take steps to separate the judiciary from the executive in the public services of the State.

  1. Promotion of international peace and security – Art 51

 The State shall endeavour to—

  1. promote international peace and security;
  2. maintain just and honourable relations between nations;
  3. foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and
  4. encourage settlement of international disputes by arbitration.
  5. Duty of Union to protect States against external aggression and internal disturbances – Art. 355

 It shall be the duty of the Union to protect every State against external aggression and internal disturbances and to ensure that every state government shall act accordingly.

1.6 Uniform Civil Code – Art 44

(Directive Principle – Part IV)

 

The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

It is the duty of the state to enact the Uniform Civil Code throughout India.

India is a Secular state, according to the 42nd Amendment. As India has no specific religion. All the citizens (Hindu, Muslim, Christian and Parsee) are living happily and their respected personal laws govern matters like adoption, marriage, divorce, succession, guardianship and maintenance etc., and the Uniform Civil Code is seeking a replacement to their respected personal laws.

The absence of UCC has caused injustice among the other classes for various causes.

A Hindu has the right to adopt a child, whereas a Muslim, Christian and Parsis do not.

Similarly, for marriage, Shariya law permits a Muslim man to have four wives at a time, however, Muslim women cannot.

According to Hindu law, a divorce is possible through Decree by a Competent Court or mutual consent, whereas a Muslim man can pronounce a Triple Talaq (which is abolished now) and take divorce, for which her consent is not required, whereas it is mandatory for marriage.

All these incidents are derogatory.

It is pertinent to note that in the case of Mohd Ahmed Khan vs Shah Bano Begum A.I.R. 1985, S.C. 945 (Shah Bano Case) the Supreme Court held that Muslim women are entitled to claim maintenance u/s 125 of Cr.P.C. 1973 (Sec 144 BNSS). Thenceforth, a separate provision was enacted for divorced Muslim women.

In another similar case of, Sarla Mudgal vs Union of India, 1995 3 SCC 635, the Supreme Court directed to the government to enact Uniform Civil Code, simultaneously, the Supreme Court also state that its “Obiter dicta” (not essential for the decision)

This judgement laid down the principle against the second marriage by conversion to Islam during the lifetime of first wife. The judgement discussed the issues of bigamy. Whereas in Hindu second marriage, during the lifetime of first wife is void u/s 494 of IPC (Sec 82 of BNS).

 

1.7 Right to Information Act

 The Indian Parliament enacted the “Freedom of Information Act, 2002” in order to promote, transparency and accountability in administration. The National Common Minimum Program of the Government envisaged that “The Freedom of Information Act” will be made more “progressive, participatory and meaningful”, following which, the decision was made to repeal the “Freedom of Information Act, 2002” and enact a new legislation in its place.

Accordingly, the “Right to Information Bill, 2004” (RTI) was passed by both the Houses of Parliament on May, 2005 which received the assent of the President on 15th June, 2005. “The Right to Information Act” was notified in the Gazette of India on 21st June, 2005.

The “The Right to Information Act” became fully operational from 12th October, 2005. This new law empowers Indian citizens to seek any accessible information from a Public Authority and makes the Government and its functionaries more accountable and responsible. During the period of the implementation of the RTI Act i.e. October 2005 onwards, it has become evident that there are many anticipated and unanticipated consequences of the Act. These have manifested themselves in various forms, while some of the issues pertain to procedural aspects of the Government; others pertain to capacity building, and so on. The most important aspect to be recognized is that there are issues to be addressed at various ends for effective implementation of the Act. There have been many discussions and debates about the effectiveness and impact of the Act. The Civil Society Organizations and Government agencies have been engaging themselves in the debate over various aspects of the Act and its effectiveness and interpretations. There is a broad consensus that the implementation of the Act needs to be improved to achieve the objectives. At the same time, there is evidence to suggest that the information seekers too have to learn how to use the Act more effectively. While there is significant information – both anecdotal and quantitative – on the level of implementation of the Act, there was limited systematic and comprehensive review available for action by the appropriate GovernmentsThe scope of study included review of the experiences of the Central and State Governments in implementing the RTI Act, review of the experiences of various categories of information seekers8 , diagnosis of the situation, suggestion of the nature of interventions to be made and preparation of action plan/recommendations. The assessment of the current situation through various market research tools has resulted in identification of the current problem areas. These problems areas have been analysed/ discussed in various workshops/meetings to define time-bound actionable steps to make the Act an effective tool of good governance

 

Right to information act contains 31 Acts, 2 schedules and Six Chapters

  • This act extends to whole of India.
  • Sec 3 of RTI empowers every citizen of India for Right to Information
  • Obligations of public authorities – Sec 4

Every public authority shall –

  1. maintain all its records duly catalogued and indexed in a maimer and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated;
  2. publish within one hundred and twenty days from the enactment of this Act, –
  3. the particulars of its organisation, functions and duties;
  4. the powers and duties of its officers and employees;
  • the procedure followed in the decision-making process, including channels of supervision and accountability;
  1. the norms set by it for the discharge of its functions;
  2. the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
  3. a statement of the categories of documents that are held by it or under its control;
  • the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof
  • a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
  1. a directory of its officers and employees;
  2. the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
  3. the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
  • the maimer of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
  • particulars of recipients of concessions, permits or authorisations granted by it;
  • details in respect of the information, available to or held by it, reduced in an electronic form;
  1. the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
  • the names, designations and other particulars of the Public Information Officers;
  • such other information as may be prescribed; and thereafter update these publications every year;
  1. publish all relevant facts while formulating important policies or announcing the decisions which affect public;
  2. provide reasons for its administrative or quasi-judicial decisions to affected persons.
  • Designation of Public Information Officers – Sec 5
  • Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act.
  • Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other subdistrict level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be.
  • Every Central Public Information Officer or State Public Information Officer, as the case may be, shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information.
  • The Central Public Information Officer or State Public Information Officer, as the case may be, may seek the assistance of any other officer as he or she considers it necessary for the proper discharge of his or her duties.
  • Any officer, whose assistance has been sought under sub-section (4), shall render all assistance to the Central Public Information Officer or State Public Information Officer, as the case may be.

 Request for obtaining information – Sec 6

  • A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to
  1. the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;
  2. the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, specifying the particulars of the information sought by him or her.
  • An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.
  • Where an application is made to a public authority requesting for an information –
  1. which is held by another public authority; or
  2. the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer: Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.

 

  • Disposal of request – Sec 7
  • the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9
  • If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request.
  • Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving –
  1. the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub-section (1), requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;
  2. information concerning his or her right with respect to review the decision as to the amount of fees charged or the form of access provided, including the particulars of the appellate authority, time limit, process and any other forms.
  • Where access to the record or a part thereof is required to be provided under this Act and the person to whom access is to be provided is sensorily disabled, the Central Public Information Officer or State Public Information Officer, as the case may be, shall provide assistance to enable access to the information, including providing such assistance as may be appropriate for the inspection.
  • Where access to information is to be provided in the printed or in any electronic format.
  • pay such fee as may be prescribed
  • Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party.
  • Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request, –
  1. the reasons for such rejection;
  2. the period within which an appeal against such rejection may be preferred; and
  • the particulars of the appellate authority.
  • An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

  

1.8 Public Interest Litigation

 

The Public Interest Litigation widely known as PIL, gives wide description on equality before law, which is guaranteed under Part III of Indian Constitution. It is the one of the best tools to secure the interest of the public at large. It was introduced by Justice P. N. Bhagwati.

PIL can be filed against the Central Government, State Government or Municipal Authority, also one can file a PIL against a Private person or factory.

Any citizen of India, who is public spirited person or socially activated group who is working towards the interest of any individual, who is aggrieved but unable to approach the Court for his infringed rights. The constitution of India has made such provision under Art 32 and 226.

 One can approach to Supreme Court and High Court under Art 32 and 226 respectively.

However, even a simple letter or a postcard addressed to the Chief Justice of India or the Chief Justice of a High Court may suffice. The court may then choose to take cognizance (Suo-Moto) of the letter and convert it into a PIL.

In case of Rural Litigation & Entitlement Kendra, Dehradun vs. State of Uttar Pradesh, AIR 1989 SC 594, where the Hon’ble Court converted a letter raising the issue of unauthorised and illegal mining in Mussoorie Hills into a writ petition under Public Interest Litigation.

  • In one of the PIL, filed by  Vasantha Pai in the Madras High Court against the then-sitting Chief Justice of the Madras High Court S. Ramachandra Iyer.
  • It was found that the judge had forged his date of birth to avoid compulsory retirement at the age of 60 and his younger brother sent invitations to celebrate his 60th birthdayand Pai found evidence after photographing his original birth register which showed his real age.
  • Ramachandra Iyer resigned on a request from the then Chief Justice of India, B. Gajendragadkaras the case would damage the judiciary and he had resigned before the case came up for hearing.
  • Finally, the case was dismissed as he resigned.

It is the duty of the petitioner to satisfy the court that the motive was genuine and it is in the interest of the public at large.

In Kalyaneshwari vs Union of India, the court cited the misuse of public-interest litigation in business conflicts.

A writ petition was filed in the Gujarat High Court seeking the closure of asbestos units, stating that the material was harmful to humans.

The high court dismissed the petition, stating that it was filed at the behest of rival industrial groups who wanted to promote their products as asbestos substitutes.

A similar petition was then submitted to the Supreme Court. The plea was dismissed, and the plaintiff was assessed a fine of ₹100,000.

[1] Golak Nath v/s State of Punjab AIR 1967 SC 1643