S.P. Gupta v. Union of India

AIR 1982 Supreme Court 149Supreme Court of India1982Administrative Law, Public International Law, Environmental Law

Rule established

Right to know is part of Art.19(1)(a); open government is the norm; locus standi liberalized for PIL

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

Whether citizens have a right to access government information (right to know)?
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.

How to use it in an exam

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.

Source

Source: Massey, Administrative Law; Sathe, Administrative Law

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.

Cited in study notes

Administrative LawRight to Information Act 2005Right to know as Art.19(1)(a) component

Environmental LawLocus Standi and Public Interest Litigation in Environmental MattersFoundation for extending standing to public-spirited petitioners in environmental claims