Right to Access to Information, is an Avenue for Strengthening the Sovereignty of People in Sri Lanka?

Abstract

As per the constitution of Sri Lanka, sovereignty which includes powers of government, franchise and fundamental rights, is in the people and is inalienable. Further it elaborates the way in which the sovereignty exercised. People���??s powers of government are handed over to the elected representatives, to exercise in a certain manner in limited period of time. Further the preamble of the constitution embodies this idea of Social Contract between the people and their representatives. So people should have the knowledge over the implementation of their sovereign rights. In that context, ���??access to public information���?��� is an essential fact for the empowerment of people. On the other hand transparent government is a long standing demand of general public and several attempts were made to enact a separate law for certifying the access of some governmental information (eg-assets and liabilities of elected and appointed dignitaries). Present government gives its priority not only for such act but also to make ���??right to access to information���?��� as a new fundamental right. This paper particularly focus on the issue of ���??right to access information as fundamental right���?��� and generally on the proposed information bill with its historical evolution. Comparative study with South African, Indian and USA jurisdictions would results better evaluation over the domestic attempt. In the special determination of the Supreme Court and in the Parliamentary debate, pertaining to the 19th amendment bill to the Constitution, this issue was heavily contested since its ambiguity and broadness. The constitutional guarantee on the right to information may adversely affect to the national security, peace and order. Though the limitations over such right are vague (eg- privacy) and sometimes unnecessarily diminishing its scope (eg-contempt to court). All such issues ultimately affect to the people���??s sovereignty. The objective of this research is to critically analyse whether the current approach of the government is sufficient to certifying the right to access public information to the people and determine how it affects to the people���??s sovereignty. Interviews with the legal experts may contribute as primary sources while acts, judgements and prior research works would be contribute as secondary sources. It is concluded with the recommendations for the better implementation of right to access of information