TRANSPARENCY VS CONFIDENTIALITY: A CRITICAL ANALYSIS OF THE RIGHT TO INFORMATION ACT IN INDIA

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Authors: Malavika Ajithkumar
Cited by: 0

Abstract

This study critically examines the relationship between transparency and confidentiality within the framework of the Right to Information Act, 2005, a transformative legislation that has reshaped democratic governance in India by recognizing citizens’ right to access information held by public authorities. The research explores how the RTI Act promotes accountability, curbs corruption, and enhances citizen participation while simultaneously acknowledging the need to protect sensitive information relating to national security, administrative processes, commercial interests, and personal privacy. Using a doctrinal methodology based primarily on secondary data, the study analyses statutory provisions, judicial interpretations, academic literature, and institutional reports to evaluate the effectiveness of the transparency–confidentiality balance. The findings indicate that although transparency is established as the guiding norm, the application of exemption provisions and administrative practices sometimes create barriers to information access. The study also highlights the growing importance of privacy and data protection concerns in the context of digital governance, which further complicate disclosure decisions. By examining these challenges, the research emphasizes the necessity of clear interpretative standards, stronger institutional mechanisms, and greater awareness among stakeholders to prevent misuse of confidentiality claims. Ultimately, the study concludes that maintaining a proportionate balance between transparency and confidentiality is essential for ensuring accountable governance and protecting democratic values.

Fields of Study & Subjects

Administrative Law and Governance Law Rights and Freedoms Legal Issues in South Africa

Publication details

Journal / source
International Journal of Versatile Research and Analysis
Volume
4
Issue
2
Publication date
1 February 2026
Language
EN