Skip to main content

Black money controversy: Treaties with foreign nations "undermine" Parliament, judiciary, right to know

By A Representative
Top Right to Information (RTI) activist Venkatesh Nayak has alleged that Government of India’s Double Tax Avoidance Agreements (DTAAs) with foreign countries “curb” independence of judiciary, undermine laws made by Parliament, and curtail the scope of the people’s right to know under the pretext of protecting the privacy of high net worth individuals (HNIs), firms and corporations who may be tax evaders. Objecting to the secrecy clause signed with over 100 countries since 1965, involving governments of all dispensations, Nayak said, the fact is, none of the DTAAs were ever ratified in Parliament.
In an analytical article mailed to Counterview on the controversial black money issue, currently rocking India, Nayak said, the bilateral secrecy clause – which has no parliamentary sanction – was also the reason why the Narendra Modi government has refused to reveal “all information and names of accountholders received from foreign countries cannot be disclosed unless there is evidence prima facie of wrongdoing for launching prosecution against tax evasion”.
The issue dates back to 2009, he said, when senior advocate Ram Jethmalani sought under the RTI Act, 2005 the names and details of persons who had allegedly stashed away money abroad. As the Government of India refused the request, Jethmalani and a few reputable citizens filed a writ petition in public interest under Article 32 of the Constitution, in the Supreme Court of India, demanding that these names be made public.
In July 2011 the Apex Court ruled that where investigation had been completed or was under progress, the names and details of such persons must be disclosed. The Congress-led United Progressive Alliance (UPA), in power in Delhi, refused, and a month before it was voted out of power, it handed over some information to the Supreme Court in a sealed cover.
With a change of guard at the Centre in May, the Modi government set up a Special Investigation Team (SIT) headed two former Judges of the Supreme Court with the mandate to investigate all related matters and report to the Supreme Court -- but the secrecy clause has been again been invoked to refuse to reveal names, added Nayak, who is programme coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi.
Arguing against Union finance minister Arun Jaitley that secrecy clause under DTAAs are a Congress legacy, Nayak said, the agreement with Germany was concluded on June 19, 1995 and came into force on October 26, 1996 when the Congress under PV Narasimha Rao as Prime Minister and Dr Manmohan Singh as Finance Minister was in power. Then, during the six year BJP-led rule under AB Vajpayee, DTAA agreements were signed with 15 countries – Portugal, Czech Republic, Morocco, Trinidad and Tobago, Qatar, Ukraine, Kyrgystan, Jordan, Austria, Ireland, Slovenia, Sudan, Armenia, Hungary and Uganda.
“Over the last five decades, India has signed DTAAs with more than 100 ‘foreign tax jurisdictions’, starting with Greece, in 1965, under the then Prime Minister Lal Bahadur Shastri and Finance Minister Morarji Desai”, Nayak said, adding, this makes all governments in power -- UPA, NDA, United Front “directly responsible for this curtailment of the scope of the people’s right to information which is a fundamental right implied in Article 19(1)(a) of the Constitution”.
Nayak said, the situation went so far last year that the “audacity to supersede the authority of Parliament and the judiciary” was evident domestically in the thinking within the Department of Income Tax.” The Central Board of Direct Taxes (CBDT) Manual on Exchange of Information (MoEOI) of 2013 said “the provisions of DTAAs override the domestic legislation” and therefore information under it should be “treated as confidential.”
This, Nayak said, is a violation of the “both Section 8(2) of the RTI Act and Section 138(2) of the Income Tax Act”, under which “any tax‐related information may be disclosed to any person in the public interest.” Saying that the guideline “simply ignores these clauses” and “seek to curtail the power of Parliament by declaring that international treaties are above the laws it has enacted such as the RTI Act and the Income Tax Act.”
---
Click HERE to download full article

Comments

TRENDING

From algorithms to exploitation: New report exposes plight of India's gig workers

By Jag Jivan   The recent report, "State of Finance in India Report 2024-25," released by a coalition including the Centre for Financial Accountability, Focus on the Global South, and other organizations, paints a stark picture of India's burgeoning digital economy, particularly highlighting the exploitation faced by gig workers on platform-based services. 

'Condonation of war crimes against women and children’: IPSN on Trump’s Gaza Board

By A Representative   The India-Palestine Solidarity Network (IPSN) has strongly condemned the announcement of a proposed “Board of Peace” for Gaza and Palestine by former US President Donald J. Trump, calling it an initiative that “condones war crimes against children and women” and “rubs salt in Palestinian wounds.”

Gig workers hold online strike on republic day; nationwide protests planned on February 3

By A Representative   Gig and platform service workers across the country observed a nationwide online strike on Republic Day, responding to a call given by the Gig & Platform Service Workers Union (GIPSWU) to protest what it described as exploitation, insecurity and denial of basic worker rights in the platform economy. The union said women gig workers led the January 26 action by switching off their work apps as a mark of protest.

India’s road to sustainability: Why alternative fuels matter beyond electric vehicles

By Suyash Gupta*  India’s worsening air quality makes the shift towards clean mobility urgent. However, while electric vehicles (EVs) are central to India’s strategy, they alone cannot address the country’s diverse pollution and energy challenges.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Whither space for the marginalised in Kerala's privately-driven townships after landslides?

By Ipshita Basu, Sudheesh R.C.  In the early hours of July 30 2024, a landslide in the Wayanad district of Kerala state, India, killed 400 people. The Punjirimattom, Mundakkai, Vellarimala and Chooralmala villages in the Western Ghats mountain range turned into a dystopian rubble of uprooted trees and debris.

Over 40% of gig workers earn below ₹15,000 a month: Economic Survey

By A Representative   The Finance Minister, Nirmala Sitharaman, while reviewing the Economic Survey in Parliament on Tuesday, highlighted the rapid growth of gig and platform workers in India. According to the Survey, the number of gig workers has increased from 7.7 million to around 12 million, marking a growth of about 55 percent. Their share in the overall workforce is projected to rise from 2 percent to 6.7 percent, with gig workers expected to contribute approximately ₹2.35 lakh crore to the GDP by 2030. The Survey also noted that over 40 percent of gig workers earn less than ₹15,000 per month.

Fragmented opposition and identity politics shaping Tamil Nadu’s 2026 election battle

By Syed Ali Mujtaba*  Tamil Nadu is set to go to the polls in April 2026, and the political battle lines are beginning to take shape. Prime Minister Narendra Modi’s visit to the state on January 23, 2026, marked the formal launch of the Bharatiya Janata Party’s campaign against the ruling Dravida Munnetra Kazhagam (DMK). Addressing multiple public meetings, the Prime Minister accused the DMK government of corruption, criminality, and dynastic politics, and called for Tamil Nadu to be “freed from DMK’s chains.” PM Modi alleged that the DMK had turned Tamil Nadu into a drug-ridden state and betrayed public trust by governing through what he described as “Corruption, Mafia and Crime,” derisively terming it “CMC rule.” He claimed that despite making numerous promises, the DMK had failed to deliver meaningful development. He also targeted what he described as the party’s dynastic character, arguing that the government functioned primarily for the benefit of a single family a...