KSLU Solved Question Papers
Right to Information
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 8
2014 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 8 Right to Information 2014 Jun Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2014 Jun examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2014 Jun examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2014 Jun examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all 5 Questions. (2) Figures to the right indicate marks. (3) Answers should be written either in English or Kannada completely.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1
Unit I
(a)"Democracy requires free flow of information". Elucidate.[15]
Answer
For full marks, cover: what "free flow" means: information moving without needless obstruction, in every direction; the constitutional base (Article 19(1)(a); Cricket Association of Bengal); five flows a democracy needs, with the RTI Act's provision for each: from government to citizens (sections 3, 4), from citizens to government (sections 4(1)(c), 6), among citizens through the press and civil society (Yashwant Sinha), within government (sections 4(1)(a), 6(3); M.P. Singh), and across time (section 8(3); Public Records Act; Shailendra Singh); a worked example; the blockages (secrecy, poor records, cost, fear) and how the Act removes them; legitimate limits (section 8); conclusion.
What "free flow" means
Information flows freely when it moves from those who have it to those who need it, without needless barriers. In a democracy, the people are the final authority, and they must be able to see what is done in their name. A blocked flow produces a government that knows everything and a people who know nothing. The RTI Act 2005 is designed to unblock the flow.
The constitutional base
The Constitution does not name the right to information, but the Supreme Court has read it into Article 19(1)(a). In Secretary, Ministry of Information and Broadcasting v. Cricket Association of Bengal, (1995) 2 SCC 161, the dispute was over who could broadcast cricket matches. The Supreme Court held that "the right to impart and receive information is a species of the right of freedom of speech and expression". It treated the airwaves as public property, to be used for the public good. The judgment protects both ends of the flow: the right to send and the right to receive.
Five flows a democracy needs
1. From government to citizens. This is the main flow the Act secures. Section 3 gives every citizen the right to information. Section 4 requires every public authority to publish seventeen categories of information on its own and update them every year. They must be disseminated widely, in local languages. Where publication is not enough, a citizen may ask, and must be answered within thirty days.
2. From citizens to government. Democracy also needs citizens' views to reach government before decisions are final. Section 4(1)(c) requires public authorities to publish relevant facts while forming important policies. Citizens can then respond with knowledge. Section 6 makes the request itself simple: writing or electronic means, local language, help for those who cannot write. The question a citizen asks tells the government what the public wants to know.
3. Among citizens. Information obtained by one citizen should be able to reach others. The press, civil society groups and public hearings carry it further. In Yashwant Sinha v. Central Bureau of Investigation, AIR 2019 SC 1802, Defence Ministry notes on the Rafale purchase had been published in a newspaper. The Government objected that they were secret and could not be used. The Supreme Court rejected the objection, relying on sections 8(2) and 22 of the RTI Act. Once the documents were in the public domain, secrecy served no public interest. The free flow among citizens, through the press, was protected.
4. Within government. Information must also flow inside government, or citizens' requests go nowhere. Section 4(1)(a) requires records to be catalogued, indexed and, over time, computerised and networked. Section 6(3) requires an authority that does not hold the information to transfer the request within five days. In M.P. Singh v. Irrigation and Flood Control Department (CIC/SG/C/2009/001374/6496, 20 January 2010), a Delhi PIO merely told the applicant that a Uttar Pradesh department held the information. The Central Information Commission held that he should have transferred the request himself, and directed him to do so.
5. Across time. A democracy needs its past as well as its present. Section 8(3) opens most information about events twenty years old. The Public Records Act 1993 requires records of permanent value to be preserved and opened to researchers. In Shailendra Singh v. GNCTD (CIC/SG/A/2010/001963/9167, 1 September 2010), land records sought by an applicant were too tattered to photocopy. The Commission directed the PIO to authenticate what could be read. Using section 25(5), it also recommended that the revenue department preserve and scan its old records and arrange their authentic translation. Records that rot cannot flow.
The blockages and how the Act removes them
| Blockage | How the Act removes it |
|---|---|
| Secrecy laws and habits | Section 22 overrides the Official Secrets Act and inconsistent laws; exemptions are closed and narrow (section 8) |
| Officers who refuse or delay | Deadlines (section 7), appeals (section 19), personal penalties (section 20) |
| Poor records | Duty to keep and computerise records (section 4(1)(a)); systemic orders (section 19(8)(a)(iv)) |
| Cost | Fee of ten rupees, nothing for the poor, free if late (section 7(5), (6)) |
| Language and literacy | Requests in the local language, help with oral requests (section 6(1)) |
| Fear of being questioned | No reasons need be given (section 6(2)) |
The flows at work: a drought relief scheme
Suppose a State announces drought relief for farmers in a district.
- Government to citizens. The department publishes the scheme, the eligibility rules and the list of beneficiaries under section 4(1)(b)(xii).
- Citizens to government. Farmers left out ask, under section 6, why their names are missing and on what criteria the list was prepared.
- Among citizens. A local newspaper compares the list with village records and finds names of people who own no land.
- Within government. The district office transfers questions about bank transfers to the bank and the treasury under section 6(3).
- Across time. Years later, a researcher studies the relief records in the archives to judge whether the scheme worked.
Each flow depends on the others. If any one is blocked, the whole democratic process of decision, scrutiny and correction is weakened.
Legitimate limits
Free flow does not mean that every piece of information flows to everyone. Section 8(1) protects security, the integrity of investigations, commercial confidences, Cabinet deliberations until decisions are taken, and personal information. Since 13 November 2025, section 8(1)(j) exempts "information which relates to personal information". These limits keep the flow from harming individuals or the State. But section 8(2) allows the public interest to override them where it is greater than the harm. Section 10 also requires the rest of a record to flow even when part is held back.
Why democracy requires it
- Choice. Voters can choose wisely only if they know what candidates and governments have done.
- Accountability. Governments answer for what can be seen.
- Participation. Citizens can shape policies only if facts reach them in time.
- Trust. Decisions taken in the open are more readily accepted.
- Correction. Errors and abuses are exposed and corrected sooner.
- Equality. When information flows freely, the poor and the powerful see the same facts, and influence no longer depends on access to insiders.
Conclusion. Democracy requires information to flow freely in every direction. It must move from government to citizens and from citizens back to government. It must also move among citizens through the press, within government itself, and across time through preserved records. The Supreme Court protected both sending and receiving information in Cricket Association of Bengal, and Yashwant Sinha protected information already in the public domain. The RTI Act removes the main blockages through proactive disclosure, simple requests and low cost. It also requires misdirected requests to be transferred (M.P. Singh), records to be kept (Shailendra Singh) and defaulting officers to be penalised. Its exemptions keep the flow from causing real harm, while the public interest override and severance ensure that they do not dam it.
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