Government Considers Legislative Action for Public Access To General Power Of Attorney Documents
The Union Government, on September 2, informed the Supreme Court that it would explore potential legislative action in response to a petition seeking public access to General Power of Attorney (GPA) documents used in property transactions. The bench, led by Justices Surya Kant and Ujjal Bhuyan, heard the Public Interest Litigation (PIL) filed by a petitioner seeking to allow public inspection and verification of GPA documents under the Right to Information (RTI) Act of 2005.
The petitioner argued that current provisions, particularly Section 57(3) of the Indian Registration Act of 1908, prevent public access to GPA and Special Power of Attorney (SPA) documents. This section, in conjunction with Section 51(3) of the Act, classifies these documents under “book 4,”. It shields them from public scrutiny. The law currently allows only individuals involved in the transactions or their agents to request certified copies.
Proceedings:
During the proceedings, Additional Solicitor General Vikramjit Banerjee requested time to investigate possible legislative remedies for the issues highlighted in the petition. The court granted the Union six weeks to assess whether legislative intervention is necessary. The next hearing is scheduled for October 21.
The petitioner contended that the secrecy surrounding GPA documents fosters corruption. It also enables individuals without proper property ownership to exploit the system. The inability to access these documents through legal channels often forces people to resort to illegal means. This includes using middlemen to obtain uncertified copies.
Arguments:
The petition further argued that this restriction violates Section 22 of the RTI Act. This gives the RTI Act precedence over other laws in cases of conflict. The petitioner called for two main actions:
- A declaration that any GPA involving immovable property should be accessible for public inspection. It can also be made available as a certified copy.
- Permission to obtain GPA documents related to property transactions through the RTI Act.
The petitioner emphasised that greater transparency would curb corruption and ensure clearer property transactions, benefiting public interest.
