Skip to main content

PIO will have to attest certified copies sought by RTI applicants

By Venkatesh Nayak*
The Department of Personnel and Training (DoPT) – the nodal department for implementing The Right to Information Act, 2005(RTI Act) in the Government of India has uploaded two important documents on its website.
The DoPT has issued reasonably detailed guidance for Public Information Officers (PIOs) to help them send better drafted replies to RTI applicants. Every PIO is now required to include in his.her reply- the office number given to the request, name and contact details of the PIO including email address, detailed reasons invoking the relevant provisions of access to information is denied, name and contact details of the appellate authority whom the applicant may approach with a grievance within 30 days of receipt of the reply. This advisory is an outcome of the consultation on the subject that the DoPT launched in March this year.
This guidance also includes instructions as to how certified copies may be issued under the RTI Act by the PIO on request. The PIO will have to endorse the copy as follows: “True copy of the document/record supplied under RTI Act”, sign the copy with date and affix his/her seal containing his name and name of the public authority. If the requestor seeks documents that are numerous, then the certification of the copies may be done by any other junior gazetted officer, but the reply must be sent by the PIO.
This Official Memorandum (OM) has been despatched to all Ministries and Departments, Secretariats of Parliament, President’s Secretariat, Prime Minister’s Office, NITI Ayog, Election Commission, Comptroller and Auditor General and the Chief Secertaries of all States and Union Territories.
It is heartening to note that two issues about which clarity was required have been dealt with officially after 10 years of implementation of the RTI Act. Readers will remember that the issue of certified copies being sought by applicants under the RTI Act was discussed by the Kerala High Court in January 2014 in the John Numpeli (Junior) case. In this case the Court ruled that Section 2(j) of the RTI Act does not take away the right of an individual to get certified copies under other laws such as the Indian Evidence Act, 1872 or the Code of Civil Procedure, 1908. Conversely, if an RTI applicant seeks certified copies under the RTI Act then the PIO must attest to the fact that the copies have been issued under the RTI Act.
A “genius” PIO in one of the northern Indian States had used the Kerala HC judgement, recently, to deny certified copies to an RTI applicant. When a prominent RTI activist brought this case to my attention, I had sent him a copy of the judgement to help the RTI applicant. This episode reminded me of the saying in my native langauge crudely translated as follows- “what God proposes the priest disposes as he deems fit” (in Kannada – “devaru vara kottaru, pujari koda”)
Thankfully the DoPT has now issued this OM making it very clear as to how certified copies may be given under the RTI Act. Frankly, there is no conflict between Section 76 of the Indian Evidence Act and Section 2(j) of the RTI Act. In both laws, any person who has the right to inspect any public document/record, has the right to seek a certified copy from its custodian on payment of the relevant fees. Public authorities resistant to the idea of greater transparency in their working, had created much confusion holding that certified copies can be given only under the Indian Evidence Act and not under the RTI Act.
PIOs also pointed out that documents certified under the RTI Act could not be used as evidence in Courts. Thankfully, the Kerala High Court’s judgement and now the DoPT’s latest OM have brought closure to this controversy. PIOs henceforth must supply certified copies to RTI applicants on demand if the information is not covered by any exmeption under the RTI Act. In my opinion documents certified under the RTI Act can be used in Courts as evidence/exhibits by litigants.
I hope the General Administration Department in Jammu and Kashmir also takes this step to bring clarity about issuance of certified copies to RTI applicants under the J&K RTI Act, 2009.

Compendium of best practices

The DopT has also uploaded on its website its 2nd Compendium of Best Practices in implementing RTI across the country. There are several interesting initiatives documented in this compendium. I hope the DoPT will bring out a 3rd volume focusing more on how Government Departments and Ministries have brought about changes to their working due to RTI interventions of the citizenry. This is what many of us would like to hear when we celebrate the 10th anniversary of the RTI Act. Readers may go through the documentation of CHRI’s efforts to make transparency a reality at the grassroots level in the Panchayats of Gujarat in this Compendium.
In order to reduce the size of this email I have deliberately not attached any documents referred to above. Kindly click on the links to access the documents discussed in this email alert.

Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi

Comments

TRENDING

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

The golden crop: How turmeric is transforming women's lives in tribal India

By Vikas Meshram*   When the lush green fields of turmeric sway in the tribal belt of southern Rajasthan, Madhya Pradesh, and Gujarat, it is not merely a spice crop — it is the golden glow of self-reliance. In villages where even basic spices once had to be bought from the market, the very soil today is yielding a prosperity that has transformed the lives of thousands of families. At the heart of this transformation is the initiative of Vaagdhara, which has linked turmeric with livelihoods, nutrition, and village self-governance — gram swaraj.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Authoritarian destruction of the public sphere in Ecuador: Trumpism in action?

By Pilar Troya Fernández  The situation in Ecuador under Daniel Noboa's government is one of authoritarianism advancing on several fronts simultaneously to consolidate neoliberalism and total submission to the US international agenda. These are not isolated measures, but rather a coordinated strategy that combines job insecurity, the dismantling of the welfare state, unrestricted access to mining, the continuation of oil exploitation without environmental considerations, the centralization of power through the financial suffocation of local governments, and the systematic criminalization of all forms of opposition and popular organization.

Echoes of Vietnam and Chile: The devastating cost of the I-A Axis in Iran

​ By Ram Puniyani  ​The recent joint military actions by Israel and the United States against Iran have been devastating. Like all wars, this conflict is brutal to its core, leaving a trail of human suffering in its wake. The stated pretext for this aggression—the brutality of the Ayatollah Khamenei regime and its nuclear ambitions—clashes sharply with the reality of the diplomatic landscape. Iran had expressed a willingness to remain at the negotiating table, signaling a readiness to concede points emerging from dialogue. 

False claim? What Venezuela is witnessing is not surrender but a tactical retreat

By Manolo De Los Santos  The early morning hours of January 3, 2026, marked an inflection point in Venezuela and Latin America’s centuries-long struggle for self-determination and independence. Operation Absolute Resolve, ordered by the Trump administration, constituted the most brutal and direct military assault on a sovereign state in the region in recent memory. In a shocking operation that left hundreds dead, President Nicolás Maduro and First Lady Cilia Flores were illegally kidnapped from Venezuelan soil and transported to the United States, where they now face fabricated charges in a New York federal detention facility. In the two months since this act of war, a torrent of speculation has emerged from so-called experts and pundits across the political spectrum. This has followed three main lines: One . The operation’s success indicated treason at the highest levels of the Bolivarian Revolution. Two . Acting President Delcy Rodríguez and the remaining leadership have abandone...

The selective memory of a violent city: Uttam Nagar and the invisible victims of Delhi

By Sunil Kumar*  Hundreds of murders take place in Delhi every year, yet only a few incidents become topics of nationwide discussion. The question is: why does this happen? Today, the incident in Uttam Nagar has become the centre of national debate. A 26-year-old man, Tarun Kumar, was killed following a dispute that reportedly began after a balloon hit a small child. In several colonies of Delhi, slogans such as “Jai Shri Ram” and “Vande Mataram” are being raised while demanding the death penalty for Tarun’s killers. As a result, nearly 50,000 residents of Hastsal JJ Colony are now living in what resembles a state of confinement. 

The price of silence: Why Modi won’t follow Shastri, appeal for sacrifice

By Arundhati Dhuru, Sandeep Pandey*  ​In 1965, as India grappled with war and a crippling food crisis, Prime Minister Lal Bahadur Shastri faced a United States that used wheat shipments under the PL-480 agreement as a lever to dictate Indian foreign policy. Shastri’s response remains legendary: he appealed to the nation to skip one meal a day. Millions of middle-class households complied, choosing temporary hunger over the sacrifice of national dignity. Today, India faces a modern equivalent in the energy sector, yet the leadership’s response stands in stark contrast to that era of self-reliance.

Gujarat government urged to introduce heat-stress safety rules for construction workers

By A Representative   A representation submitted to Gujarat Labour, Skill Development and Employment Minister Kunvarji Bavaliya has urged the state government to introduce legally enforceable safety standards to protect construction workers from extreme heat and heatwaves, and to launch a financial assistance scheme for labourers affected by climate-related health risks.