Right relating to Information (Article 27)
Exam Snapshot
Article 27 provides the fundamental right to information as a constitutional guarantee for citizens, while the Right to Information Act, 2064, provides the detailed legal framework for exercising this right in practice.
Core Concept
- Article 27 (Constitutional Guarantee): Establishes the right as a Fundamental Right. It declares that every citizen has the right to seek and receive information on matters of public interest.
- Right to Information Act, 2064 (Procedural Framework): Operationalizes the constitutional right by defining the mechanism, timelines for disclosure, the role of Public Information Officers (PIO), and the powers of the National Information Commission.
- Matter of Public Interest: The scope of information is restricted to matters of public interest, which includes state actions, policies, and use of public funds.
Nepal Law Anchors
- Article 27, Constitution of Nepal (Right relating to Information).
- Right to Information Act, 2064.
- Right to Information Rules, 2065.
Confusable Terms
| Term | Scope |
|---|---|
| Article 27 | Fundamental right; declares "what" the right is. |
| RTI Act, 2064 | Enabling legislation; prescribes "how" to get information. |
MCQ Traps
- Trap: "Every person has the right to information under Art 27." Correction: Article 27 specifically grants this right to "Every citizen".
- Trap: "The RTI Act 2064 creates the right to information." Correction: The Act operationalizes the right already recognized by the Constitution; the right is inherent in the Constitution.
Example
If you want to know about the allocation of a local municipality's budget for road construction, you exercise your Fundamental Right under Article 27, but you follow the RTI Act 2064 process by submitting an application to the Information Officer of that municipality.
Memory Hook
Article 27 is the "Right to Ask"; the RTI Act 2064 is the "Road to Get".
Quick Revision
- Article 27 = Fundamental Right.
- RTI Act 2064 = Procedural Law.
- Right applies only to "Citizens".
- Information must be of "Public Interest".
- National Information Commission handles appeals.