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

Telangana government urged to stop 'unconstitutional' relocation of Chenchu tribes

By A Representative The Nallamalla forests are witnessing a renewed surge of indigenous resistance as the Chenchu adivasis , a Particularly Vulnerable Tribal Group (PVTG), have formally launched the Chenchu Solidarity Forum (CSF) on the eve of World Earth Day to combat what they describe as unlawful and forced relocation from the Amrabad Tiger Reserve .

Kolkata dialogue flags policy and finance deficit in wetland sustainability

By A Representative Wetlands were the focus of India–Germany climate talks in Kolkata, where experts from government, business, and civil society stressed both their ecological importance and the urgent need for stronger conservation frameworks.

'Fraudulent': Ex-civil servants urge President to halt Odisha tribal land dispossession

By A Representative A collective of 81 retired civil servants from the Constitutional Conduct Group has written to the President of India expressing alarm over what they describe as the wrongful dispossession of tribal lands in Odisha’s Rayagada district. The letter, dated April 19, 2026, highlights violent clashes in Kantamal village where police personnel reportedly injured over 70 tribal residents attempting to protect their community rights.

Cracks in Gujarat model? Surat’s exodus reveals precarity behind prosperity claims

By Vidya Bhushan Rawat* The return of migrant workers from Uttar Pradesh and Bihar, particularly from Gujarat, was inevitable. Gujarat has long been showcased as the epitome of “infrastructure” and the business-friendly Modi model. Yet, when governments become business-friendly, they require the poor to serve them—while keeping them precarious, unable to stabilize, demand fair wages, or assert their rights. The agenda is clear: workers must remain grateful for whatever crumbs the Seth ji offers.

The soundtrack of resistance: How 'Sada Sada Ya Nabi' is fueling the Iran war

By Syed Ali Mujtaba* The Persian track “ Sada Sada Ya Nabi ye ” by Hossein Sotoodeh has taken the world by storm. This viral media has cut across linguistic barriers to achieve cult status, reaching over 10 million views. The electrifying music and passionate rendition by the Iranian singer have resonated across the globe, particularly as the high-intensity military conflict involving Iran entered its second month in March 2026.

Dhandhuka violence: Gujarat minority group seeks judicial action, cites targeted arson

By A Representative The Minority Coordination Committee (MCC) Gujarat has written to the Director General of Police seeking judicial action in connection with recent violence in Dhandhuka town of Ahmedabad district, alleging targeted attacks on properties belonging to members of the Muslim community following a fatal altercation between two bike riders on April 18.

Maoist activity in India: Weakening structures, 'shifts' in leadership, strategy and ideology

By Harsh Thakor* Recent statements by government representatives have suggested that Maoism in India has been effectively eliminated, citing the weakening of central leadership and intensified security operations. These claims follow sustained counterinsurgency efforts across key regions, including central and eastern India. However, available information from security agencies and independent observers indicates that while the organizational structure of the CPI (Maoist) has been significantly disrupted, elements of the movement remain active. Reports acknowledge the continued presence of cadres in certain forested regions such as Bastar and parts of Dandakaranya, alongside smaller, decentralized units adapting their operational strategies.

Why link women’s reservation to delimitation? The unspoken political calculus

By Vikas Meshram* April 16, 2026, is likely to be recorded as a special day in the history of Indian democracy. In a three-day special session of Parliament, the central government is set to introduce a comprehensive package of three historic bills: the Constitution (131st Amendment) Bill, 2026; the Delimitation Bill, 2026; and the Union Territories Laws (Amendment) Bill, 2026. The stated purpose of all three is the same: to implement the Nari Shakti Vandan Adhiniyam (106th Constitutional Amendment) passed in 2023. However, the political intent concealed behind these measures — and their impact on the federal balance — is far more profound. It is absolutely essential to understand this.

The high price of unemployment: The human cost of the drug crisis in J&K

By Raqif Makhdoomi* Jammu and Kashmir is no longer merely at risk of a drug epidemic ; it is losing the fight. The statistics are staggering, with approximately 13.5 lakh people—nearly 8% of the total population—caught in the grip of substance abuse . In the ranking of Indian Union Territories , Jammu and Kashmir now sits at a grim top. We have officially reached a point where we can no longer speak in hypotheticals about a future crisis. The vocabulary has shifted from "if" to "if not addressed immediately."

Search This Blog