CIC comments in decision regarding "Proof of Citizenship"

[karira]

IC A N Tiwari has recently passed a order wherein one of the complaints was about the PIO asking the applicant for "Proof of Citizenship":

http://cic.gov.in/CIC-Orders/AT-22052008-11.pdf

7. The appellant has also made a complaint against the respondents for
initially denying him information on grounds of undisclosed citizenship and later
delaying to supply the information when so ordered by the Commission.

8. The RTI Act vests the right to seek information only in the citizens of
India (Section 3) but for a public authority to demand proof of an applicant’s
citizenship of India is an uncommon occurrence. The CPIO of this public
authority himself does not seem to be demanding proof of citizenship of all
applicants coming before him. Therefore, demand of proof of citizenship from
this appellant is rather unusual.

9. The respondents submitted that the appellant, who was an employee of the
NPCC, had retired a long time ago. As there was information floating around in
the corridors of the public authority that certain employees had accepted foreign
citizenships, the CPIO believed that it was possible that this applicant was one of
them. Therefore, as a measure of abundant caution, he decided to check the
applicant’s citizenship credentials. There was no mala-fide intention behind such
action.

10. Commission notes that the respondents’ action was dictated by a cautious
approach to the requirements of Section 3 as well as on account of his doubt
about the applicant’s citizenship. The CPIO chose to play safe and, to make sure
that the appellant’s citizenship credentials were unimpeachable, demanded its
proof. It was quite possible that if the CPIO’s apprehensions about the
citizenship of the appellant turned out to be true, not checking the citizenship
then could well have been held against the CPIO. His over-cautious action was
the response of a man who wanted to cover all grounds before proceeding
further. It would be improper to hold this against the CPIO. As such, no adverse
conclusion shall be drawn against the CPIO for demanding the proof of
citizenship of the appellant.

[colnrkurup]

Does any orders or Rules exist laying down the list of dcuments which can establish the cityzenshiup ? The aspect brought out by the CPIO that " As there was information floating around in the corridors of the public authority that certain employees had accepted foreign citizenships, the CPIO believed that it was possible that this applicant was one of them." is very critical. Even an Election Identity Card issued years back will not prove that he is now a cityzen of India as he might have gained foregn cityzenship subsequent to the issue of election identity card almost a decade back.

[karira]

Originally Posted by colnrkurup

Does any orders or Rules exist laying down the list of dcuments which can establish the cityzenshiup ? The aspect brought out by the CPIO that " As there was information floating around in the corridors of the public authority that certain employees had accepted foreign citizenships, the CPIO believed that it was possible that this applicant was one of them." is very critical. Even an Election Identity Card issued years back will not prove that he is now a cityzen of India as he might have gained foregn cityzenship subsequent to the issue of election identity card almost a decade back.

In the absence of a Citizens Register or a National ID Card system, there is no way to conclusively prove that one is a Indian Citizen.

Please see the posts AFTER post#23 in the following thread:

30 days starts from which date?

[karira]

Please also read the following relevant thread regarding "proof of citizenship":

Top law college official penalized by SIC