S.P. Gupta v. Union of India (Judges' Transfer)
Quick Reply: Right to information on matters of public interest inheres in Article 19[1][a]; limited by national security etc. Disclosure is the rule; secrecy the exception.
Supreme Court of India (Constitution Bench) · 1981-12-30 · AIR 1982 SC 149 · ★ Landmark
Right to information on matters of public interest inheres in Article 19[1][a]; limited by national security etc. Disclosure is the rule; secrecy the exception.
Disclosure is the rule; secrecy the exception. Open government is the basic rule.
Case details
| Court | Supreme Court of India (Constitution Bench) |
|---|---|
| Decided | 1981-12-30 |
| Citation | AIR 1982 SC 149 |
| Bench | P.N. Bhagwati, A.C. Gupta, S. Murtaza Fazal Ali, V.D. Tulzapurkar, D.A. Desai, R.S. Pathak, E.S. Venkataramiah |
| Petitioner | S.P. Gupta & Ors. |
| Respondent | Union of India |
| RTI Act sections | — |
| Outcome | Partly allowed |
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Outcome
Right to information on matters of public interest inheres in Article 19(1)(a); limited by national security etc.
Ratio decidendi
The right to know emanates from the right of free speech and expression in Article 19(1)(a). Disclosure of information is the rule; concealment, the exception.
Keywords
open government, transparency, Article 19(1)(a), foundational
Later rulings that cite this case
- CBSE v. Aditya Bandopadhyay (SC 2011)
- ADR v. Union of India (Electoral Bonds) (SC 2024)
Similar cases in the corpus
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- State of U.P. v. Raj Narain (SC 1975)
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- ADR v. Union of India (Electoral Bonds) (SC 2024)
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Related
Editorial summary, not a certified report. The ratio here is an editorial compression. Before citing this ruling in a PIO order, FAA speaking order, or any appellate filing, verify against the full reported decision. RTI Wiki is not a legal service.
Editorial summary · last reviewed 21 April 2026.
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