CIC: Explain why Aadhar card number made mandatory for issuance of caste certificate

Background

Information with respect to the application submitted for obtaining Caste Certificate was sought. It was informed that there is a major change in the requirement for caste certificate. Now the Aadhar card is made essential, without which the application is rejected by the Computer itself as the new software does not accept the applications without Aadhar card number.

The CIC observed that:

1.      Nondisclosure of obligatory information u/s 4 compels the people to pay Rs 10 and seek information under 3 which is against the spirit of RTI Act.

2.      The Department has neither provided reasons for its administrative decision nor made any public announcement as to the requirement of Aadhar card for issuing the Caste certificate which is a violation of Section 4(1)(c) Every public authority shall publish all relevant facts while formulating important policies or announcing the decisions which affect public; Every public authority shall publish all relevant facts while formulating important policies or announcing the decisions which affect public; and (d).

3.      Incorporation of requirement of Aadhar card in the software and that is leading to rejection of the applications for caste certificate mechanically with no Aadhar card resulting in denial of other benefits based on the caste certificate. Refusing to issue Caste Certificate on the ground of not having Aadhar card is unlawful and against the orders of the Supreme Court.

4.      Mechanical rejection of application, noncompliance of Section 4(1)(c) Every public authority shall publish all relevant facts while formulating important policies or announcing the decisions which affect public; Every public authority shall publish all relevant facts while formulating important policies or announcing the decisions which affect public; and (d) of RTI Act, imposing new conditions without prior information to the people are violations of RTI Act which would attract the penalty proceedings.

The CIC directed the:

1.      PIO to explain why penalty cannot be imposed for denial of information.

2.      Public Authority to explain the reasons for such policy which is in clear violation of orders of Supreme Court.

3.      Public Authority to inform their proposed action thereof to resolve the problems in the issue of caste certificates in the form of a policy document, which shall be placed on official website in both Hindi and English languages.

Implications

1.      Violation of section 4 is rampant amongst the public authorities in India. The categorical observation of the CIC nondisclosure of obligatory information u/s 4 compels the people to pay Rs 10 and seek information under section 3 would aid the citizens in asserting their right. It is, perhaps, for the first time that the CIC has taken a strong view against such violation and issued a notice for imposing penalty in such a case.

2.      So far, the CIC has avoided getting into any policy issue leaving it to the executive. In this case, the CIC has not only held an administrative decision as incorrect, but has also asked the public authority for an explanation and the proposed remedial action. This opens up infinite possibilities as there are an umpteen number of administrative actions which might be challenged in a similar manner.

Citation: Mr. Indra Singh v. Sub Divisional Magistrate in File No.CIC/SS/A/2014/000518