Many Indian citizens use the Right to Information (RTI) Act to access crucial government documents. But what happens when you need those documents to be officially certified? This case explores a common query: can you get certified copies of documents through an RTI application, and what are the limitations? Understanding this can save you time and effort when seeking official records.
Background: What Information Was Sought
An individual filed an RTI application with the Tribal Cooperative Marketing Development Federation of India Ltd. (TRIFED). They were seeking certified copies of several documents from their personal file and from records of Departmental Promotion Committee (DPC) proceedings. The Public Information Officer (PIO) eventually provided a substantial amount of information, totaling around 600 pages of documents. However, the applicant was dissatisfied because the documents were not certified. They appealed to the First Appellate Authority (FAA), who suggested that certification could be done notary, provided the applicant bore the cost.
How the Public Authority Responded
The PIO of TRIFED, when the matter reached the Central Information Commission (CIC), explained the challenges. They stated that certifying 600 pages of documents would be an extremely time-consuming task and would disproportionately divert the limited resources of TRIFED. Furthermore, they admitted that their organization had no established procedure for certifying records specifically for RTI purposes. In the absence of a defined mechanism, they reiterated their willingness to get the documents notarized if the applicant agreed to pay the notary fees.
The CIC Hearing: What Happened
During the hearing before the Central Information Commission (CIC), the respondent from TRIFED reiterated their submission regarding the significant time and resource implications of certifying such a large volume of documents. They emphasized that TRIFED lacked a specific protocol for certifying documents under the RTI Act. Their willingness to facilitate notarization, contingent on the applicant covering the costs, was also presented. The core issue revolved around the applicant’s expectation of certified copies versus the public authority’s capacity and existing procedures.
The CIC Order and Its Significance
The CIC, after hearing both sides, acknowledged the respondent’s point about the time and resource burden. The Commission referred to Section 7(9) of the RTI Act, which clearly states that information is ordinarily to be provided in the form in which it is sought, unless doing so would disproportionately divert the resources of the public authority or be detrimental to the safety or preservation of the record. The CIC ruled that certifying 600 pages would indeed be a time-consuming task that could disproportionately divert the organization’s resources. However, the Commission offered a practical solution. It directed that if the appellant was interested in getting specific documents attested or certified PIO or the officer in charge of records at TRIFED, they could send those copies to the PIO. The PIO could then return these documents after getting them duly attested or certified with the official seal and signature. This ruling clarified that while wholesale certification of large volumes might not be feasible, specific document certification is possible under certain conditions.
Key Lessons for RTI Applicants
- Lesson 1: Understand the Limitations of “Certified Copies” Under RTI: While the RTI Act mandates providing information, the format of that information, especially certification, can be subject to the public authority’s resources and established procedures. The PIO is not automatically obliged to provide certified copies if it disproportionately burdens them.
- Lesson 2: Focus Your Request for Certification: If you need certified copies, consider requesting certification for only the most critical documents rather than an entire file, especially if the volume is large. This makes the request more manageable for the public authority.
- Lesson 3: Be Prepared for Potential Costs: In cases where a specific procedure like notarization is suggested and accepted authority, be prepared to bear the associated costs, as indicated in this case. The RTI Act primarily focuses on providing access to information, not necessarily on bearing the cost of specialized services like notarization for the applicant.
How to File a Similar RTI Application
- Identify the Public Authority: Determine the correct government department or organization that holds the information you need.
- Draft Your RTI Application: Clearly state the information you are seeking. If you need certified copies, explicitly mention this request. However, be mindful of the potential volume and resource implications.
- Specify Documents (if possible): If you are seeking documents from a large file, try to be as specific as possible about which documents you require certified copies of.
- Be Prepared for a Dialogue: If the PIO indicates that certification for a large volume is problematic, be open to discussing alternatives, such as certifying specific pages or exploring the possibility of bearing associated costs for specialized services like notarization, as per the CIC’s guidance.
Sample RTI question you can use:
“Please provide certified copies of the following documents from my personal file: [List specific document names and dates]. If certified copies cannot be provided, please provide reasons and any alternative certification methods available.”
Conclusion
This case highlights an important nuance of the RTI Act: while access to information is a right, the format and the extent of services like certification can be guided and the public authority’s resources. the provisions of Section 7(9) and being prepared with specific requests and a willingness to cooperate, citizens can navigate these situations effectively and still obtain the verified information they need through the RTI process.
