State of UP v. Raj Narain

Facts

• Election petition filed by Raj Narain challenging Indira Gandhi's election from Rae Bareilly
• Raj Narain sought disclosure of Blue Book (PM's security arrangements during election tour)
• Government claimed executive privilege over the documents
• Question: can government withhold documents from court proceedings on ground of secrecy?

Issue

1. Whether government can claim blanket executive privilege over all internal documents, or must justify each claim of confidentiality?

Held

• In a government of the people, people have the right to know how they are governed
• Secrecy is NOT the general rule; openness is the democratic norm
• Government must justify each specific claim of privilege on demonstrable grounds (national security, public interest in confidentiality)
• Blanket claims of "executive privilege" over all internal communications are not sustainable
• Right to know is implicit in Art.19(1)(a): freedom of speech includes right to receive information

Ratio Decidendi

Democracy requires informed citizens. If government functions in total secrecy, citizens cannot hold it accountable, cannot exercise meaningful political choice, and cannot challenge arbitrary action. The right to know, later codified in RTI Act, 2005, has its constitutional origin in Art.19(1)(a). Government must demonstrate specific harm from disclosure, not merely assert general confidentiality.