cases:sp-gupta-v-uoi-1981-sc
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S.P. Gupta v. Union of India (Judges' Transfer)

Supreme Court of India (Constitution Bench) · 1981-12-30 · AIR 1982 SC 149 · ★ Landmark

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

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

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Editorial summary · last reviewed 21 April 2026.

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