Shailesh Gandhi,filed a complaint with the CIC over the RBI’s refusal to answer queries under Right to Information Act

RBI's refusal to share details under RTI is sheer arrogance, says activist Shailesh Gandhi

The most shocking aspect of the decision to demonetise the Rs 500 and Rs 1,000 currency notes by NDA government is the lack of transparency. The government and the RBI, the monetary authority, have not yet revealed the exact reason why the decision was taken or even about the current status of the economy and cash supply. There have even not been regular press releases or statements from the authorities through out the last 51 days.

The country’s central bank remained silent in the initial days of the demonetisation when the citizens had a harrowing time with cash crunch at banks and ATMs coupled with long queues that also led to even a few deaths of senior citizens. The role of the Reserve Bank of India and its new governor Urjit Patel has come for severe criticism.

Excerpts from the conversation:Shailesh Gandhi, former Information Commissioner with the Central Information Commission (CIC), New Delhi, filed a complaint with the CIC over the RBI’s refusal to answer queries under Right to Information Act by a non-disclosure policy put up on its site on November 30. In a conversation with Firspost, Gandhi explains why the RBI is on the course to setting a dangerous precedent by its refusal to answer queries and setting up its list under its non-disclosure policy which goes against the exemptions laid under the RTI Act, passed by the Supreme Court.

Your take on RBI's unwillingness to respond to RTI queries.

This is sheer arrogance on the part of the RBI. Almost everyone in power dislikes transparency for themselves, be it the courts, bureaucrats, the RBI and even the media for that matter. Arrogance weighs with everyone who will say that in theory the RTI is good but when asked to release information, will remark: I am not corrupt. I am honest and clean and why should any ordinary citizen question me. Even the honest dislike the RTI and are happy to tell others to be transparent. It takes time to get used to being questions. It is 11 years since the RTI Act came into force.

What the RBI is doing by refusing to answer queries under RTI is denying citizens their fundamental rights. There are ten exemptions under the RTI. These do not include what the RBI is stating as exemption for itself. The central bank has also not given any reason for its actual rejection to the questions posed to it under the RTI.

Our RTI Act is the best in the world and we now rank at number 4 in terms of provisions of law and at 66 with regard to implementation. The Act is grossly misrepresented. The courts also have not been very enthusiastic about it.

You have filed a case against RBI’s refusal with the CIC

Yes, I have filed a complaint with the CIC on 16 December that the RBI is arbitrarily claiming exemption and have spread the net very wide in the garb of following the law and are actually defying the law. I did that because the RBI could set a bad precedent which is dangerous that could lead other public authorities to follow it, which could lead to increase in the load on the CIC. Everyone will compile their own non-disclosure list like the RBI has done and the CIC will not be able to penalise them. I hope the Supreme Court and the CIC takes cognisance of it.

The RBI has in its Disclosure Policy on its site on 30 November said that the list of information which shall not be given is justified by the proclamation that: ‘While compiling the ( nondisclosure) list, it has been the Bank's endeavour to attain the objectives of the RTI Act, without jeopardizing the financial stability and economic interests of the State.’ Effectively it means that RBI arrogates to itself the right to lay down exemptions to disclosure of information in line with the objectives of the Act. This is the sole prerogative of Parliament which has provided the exemptions to disclosure in Section 8 and 9 of the RTI Act. The RBI's disclosure policy is actually a non-disclosure. They are the masters and the judges themselves.

What are the 10 areas that are exempted under the RTI Act?

1) To give information, disclosures which would affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; 2) information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; 3) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; 4) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; 5) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; 6) information received in confidence from foreign government; 7) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; 8) information which would impede the process of investigation or apprehension or prosecution of offenders; 9) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; 10) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

When Supreme Court orders are not being adhered to by the RBI, can no action be taken on the institution?

When you defy SC orders, the CIC cannot do anything. The commission has the authority and power to say that the list you put up is too wide ranging and can’t be accepted. That's all.