The right to information is implicitly guaranteed by the Constitution of India. It is implicit in the constitutionally enshrined Right to Freedom of Speech and Expression and Right to Life and Liberty supported by the Right to Constitutional Remedies (Art. 32), i.e. Right to approach the Supreme Court and High Court in case of infringement of any of these rights. Dynamic interpretation of these Articles by the Supreme Court over the years has lead to the development of the Rule of Law in India. The RTI Act prevails over provisions of any other law that are inconsistent with it.

The Parliament of India with the objective “to provide for setting out a practical regime of right to information for citizens.” enacted the Right to Information Act, 2005.