Administrative lawRight to informationSupreme Court of India

S.P. Gupta v Union of India

AIR 1982 Supreme Court 14919821 min read
The case in brief30-second read
Facts
Government transferred HC judges and declined to extend terms of additional judges. Letters between Law Minister, CJI, and government regarding judges' fitness were challenged as opaque.
Issue
Whether citizens have a right to access government information (right to know)?
Held
Right to know is implicit in Art.19(1)(a); freedom of speech includes right to receive information.
Principle
Right to know is part of Art.19(1)(a); open government is the norm; locus standi liberalized for PIL
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Facts

  • Government transferred HC judges and declined to extend terms of additional judges
  • Letters between Law Minister, CJI, and government regarding judges' fitness were challenged as opaque
  • S.P. Gupta (advocate) challenged government's refusal to disclose correspondence
  • Government claimed executive privilege over internal correspondence

Issues

  1. Whether citizens have a right to access government information (right to know)?
  2. Whether any public-spirited person can challenge government action affecting public interest (locus standi)?

Held

  • Right to know is implicit in Art.19(1)(a); freedom of speech includes right to receive information
  • Open government is the norm in a democratic society; secrecy is the exception requiring specific justification
  • Where affected persons cannot approach courts (judges cannot litigate their own transfer), any public-spirited citizen can invoke judicial power
  • Executive privilege is not blanket: government must justify each claim of confidentiality
  • Every exercise of administrative power must be amenable to judicial scrutiny

Ratio decidendi

In a democracy committed to open government, citizens possess the right to know how their government functions. Secrecy must be justified on specific, demonstrable grounds, not claimed as a general governmental prerogative. Combined with liberalized standing, this ensures no administrative action exists beyond legal accountability.

Exam use

How to use it in an answer

  • Deploy in: Questions on RTI, PIL, open government, scope of administrative law.
  • Key line: "The concept of open government is the direct emanation from the right to know which is implicit in the right of free speech and expression guaranteed under Art.19(1)(a)."
  • Part B (15 marks): Combine with State of UP v. Raj Narain (1975) for pre-RTI Act jurisprudence on right to information.

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Citation

S.P. Gupta v. Union of India AIR 1982 Supreme Court 149

Reported: Massey, Administrative Law; Sathe, Administrative Law. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.