TRANSPARENCY AND ACCOUNTABILITY REQUIRED FOR TACKLING CORRUPTION, HOWEVER RTI ACTIVISTS, VOLUNTEERS AND RESOURCE PERSONS FACING HARMFUL CHALLENGES, BY MISUSE OF LAW.

The constitutional position related to use and misuse of the law code manual prefixed by the Constitution of India in this behalf described by the Article 19 (1) of the Constitution of India provides that all citizens shall have the right to freedom of speech and expression, to assemble peaceably and without arms, to form associations and unions, to move freely throughout the territory of India, to reside and settle in any part of the territory of India, and to practice any profession or to carry on any profession, trade or business, clause (2) to (6) of article 19 , however provide for the operation of existing laws and empowers the state government to make any law imposing reasonable restrictions in the interest of sovereignty and integrity of India or public order or morality etc On the exercise of these rights the Term law as per Article 13(3) of the Constitution includes any ordinance, order, bye laws, rules, regulation, notification, custom or usage having the force of law. At the same time the right to reputation and life and liberty guaranteed under Article 21 of the Constitution, the law commission has recommended retaining the criminal defamation law where in the right to reputation needed to be adequately protected against the defamatory speech and imputation, describing with the explanation made under Article 19(2) , a ground for the imposition of reasonable restrictions on the freedom of speech and expression guaranteed under Article 19(1) (a) . There can't be any disagreement with the basic proposition that the right to reputation ought to be protected, As such the law and Act must ensure a balance between freedom of speech and expression and the right to reputation as no misuse of law could be protected under Section 499 and 500 of the Indian penal code . Under these conditions and circumstances probe agencies are meant to derive their legitimacy from being independent and impervious to political meddling, and in the polarised political atmosphere of the democracy they must be impartial and real picture of the selective action of the cases probed in this behalf must be verified under law code manual prefixed by the Constitution of India in this behalf, instead of the wrong deal and misuse of the probe, where in RTI activists and the journalists are facing contrary discrimination which is against the natural justice being targetted as working on the captioned subject of transparency and accountability as well as removal of corruption from the system of governance.