Skip to main content

Why is RBI rejecting RTI access to demonetisation records?

By Venkatesh Nayak*
A recent media report quotes the Secretary, Department of Economic Affairs (DEA), Government of India, saying, there was no need to go into the process of decision making regarding the 8th November demonetisation drive. If the report is true, this is a worrisome departure from the commitment to transparency and accountability voiced by the Hon’ble Prime Minister, time and again.

Demonetisation and the tale of two RTIs

On 14 November, within a week of the demonetisation drive, I filed an RTI application with the DEA seeking copies of the Cabinet Note that was approved by the Union Cabinet regarding the decision to demonetise currency notes of Rs. 1,000 and Rs. 500 denomination. I also sought to know whether the government had sought people’s views on the issue of demonetisation prior to making the decision because the NDA Government had taken steps to consult people on several other important policy issues in the past.
I have not received any reply from the CPIO, DEA despite 40 days lapsing since the delivery of my RTI application to the DEA. As not responding to an RTI application for 30 days must be treated as a refusal to disclose the requested information under Section 7(2) of the RTI Act, I have despatched a first appeal with the first appellate authority of DEA today. Given the reported statement of the Secretary, DEA above, the CPIO’s lack of response is not surprising because the decision to maintain undue secrecy about the demonetisation appears to be sanctioned at the highest level of the bureaucracy in that Department.
I had filed another RTI application with the Reserve Bank of India (RBI) on this issue. I had sought copies of the minutes of all Board meetings of RBI from the date on which the recommendation to demonetise the Rs. 1,000 and Rs. 500 currency notes, communication sent in this regard to the Government, representations received from any person or organisation suggesting demonetisation and all file notings on this subject. There were some media reports about think tanks around the country commenting that they had recommended various ways of tackling the problem of black money including demonetisation, but the course of action that the Government eventually followed was not what they had recommended. Hence these queries.
RBI rejected access to its Board meeting minutes and recommendations made to the Government and related file notings under Section 8(1)(a) of the RTI Act. As for representations received form the public the CPIO has invoked Section 7(9) saying that the information cannot be provided in the form sought as it would lead to disproportionate diversion of resources of the organisation.

What is wrong with this reply from the CPIO of RBI?

1) There are at least eight grounds for rejecting access to information under Section 8(1)(a), namely, sovereignty and territorial integrity, strategic, scientific, economic, security and defence interests of the State, relations with foreign States and incitement to an offence. The CPIO seems to imply that all of them are equally applicable to the queries in the RTI application. To imply that I would use the information to incite an offence without giving me an opportunity to be heard can amount to libel. There is no detailed reasoning as to how Section 8(1)(a) is applicable in the CPIO’s decision.
2) Using Section 7(9) to deny access to the representations received from the people about demonetisation is also unlawful. According to Section 7(1) a request for information under the RTI Act may be rejected only for reasons specified in Sections 8 and 9. Section 7(9) is a facilitating clause under which information must be provided in the form in which it was sought unless the two conditions – disproportionate diversion of resources or danger t the safety and preservation of the record apply.
If Section 7(9) is invoked, then the public authority has a duty to provide access in some other form that is convenient to it such as inspection or in electronic form etc. The CPIO has simply ignored all these issues and rejected the RTI application in toto which is against both the letter and the spirit of the Act. The objective of the RTI Act is fostering greater transparency and accountability in Government. Yet the RBI in this case and in the earlier case, the DEA, seem to be going against the very purpose of the RTI Act.
3) It is not as if the RBI refuses to disclose minutes of meetings of all committees that provide it with advice. For example, the minutes of the meeting of the Committee on Monetary Policy held as recently as 21 December, 2016 are proactively disclosed on its website. The refusal to disclose the minutes of the Board meeting where the decision was taken to recommend demonetisation of the high value currency notes, is perplexing to say the very least.
4) Inaugurating the 10th Annual RTI Convention organised by the CIC in October, 2015, the Hon’ble Prime Minister had said that people should not only have the right to seek copies of official records under RTI, but also demand accountability for the decisions taken by public authorities. It is sad that the Hon’ble PM’s vision of transparency is not shared by the officers who work under him. I was not even questioning the wisdom of the decision. Instead I had sought only copies of official records containing details of the decision making process. The RTI Act requires that such information be made public.
5) The RTI application was delivered to the RBI’s office on the 17th of November. Although the acknowledgment came quickly, the substantial reply came after 30 days of receipt of the RTI application. The CPIO did not adhere to the time limits specified in Section 7(1) of the RTI Act either.
Demonetisation is an issue that has affected everybody in the country, from newborns to the deceased. Cash-starved people have had problems paying hospital charges when mothers delivered babies and bereaved families faced problems paying fees at cemeteries or crematoria to bury or cremate their dead. If there cannot be complete transparency on this issue, then it must be assumed that the transparency regime has simply not taken roots in India even after 11 years of implementation of the RTI Act.
While confidentiality prior to the making of the demonetisation decision is understandable, continued secrecy after the decision is implemented is difficult to understand when crores of Indians including this author have faced difficulties due to the shortage of cash supply. When the DEA and RBI want every citizen of the country to come clean (in the name of combating black money, corruption and fake currency notes), their reluctance to become equally transparent and accountable is unjustified, to the say the very least.
A couple of weeks ago, while hearing a bunch of petitions, the Hon’ble Supreme Court of India also asked the Attorney General of India whether he would produce the Cabinet Note relating to the demonetisation decision. The Apex Court has since recommended that these petitions be referred to a Constitution Bench.
RBI and DEA have a statutory obligation to be completely transparent and accountable to the people of India on the subject of demonetisation.

*Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi

Comments

TRENDING

Was Netaji forced to alter face, die in obscurity in USSR in 1975? Was he so meek?

  By Rajiv Shah   This should sound almost hilarious. Not only did Subhas Chandra Bose not die in a plane crash in Taipei, nor was he the mysterious Gumnami Baba who reportedly passed away on 16 September 1985 in Ayodhya, but we are now told that he actually died in 1975—date unknown—“in oblivion” somewhere in the former Soviet Union. Which city? Moscow? No one seems to know.

Love letters in a lifelong war: Babusha Kohli’s resistance in verse

By Ravi Ranjan*  “War does not determine who is right—only who is left.” Bertrand Russell’s words echo hauntingly in our times, and few contemporary Hindi poets embody this truth as profoundly as Babusha Kohli. Emerging from Jabalpur, Madhya Pradesh, Kohli has carved a unique space in literature by weaving together tenderness, protest, and philosophy across poetry, prose, and cinema. Her work is not merely artistic expression—it is resistance, refuge, and a call for peace.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Asbestos contamination in children’s products highlights global oversight gaps

By A Representative   A commentary published by the International Ban Asbestos Secretariat (IBAS) has drawn attention to the challenges governments face in responding effectively to global public-health risks. In an article written by Laurie Kazan-Allen and published on March 5, 2026, the author examines how the discovery of asbestos contamination in children’s play products has raised questions about regulatory oversight and international product safety. The article opens by reflecting on lessons from the COVID-19 pandemic, noting that governments in several countries were slow to respond to early warning signs of the crisis. Referring to the experience of the United Kingdom, the author writes that delays in implementing protective measures contributed to “232,112 recorded deaths and over a million people suffering from long Covid.” The commentary uses this example to illustrate what it describes as the dangers of underestimating emerging threats. Attention then turns...

The kitchen as prison: A feminist elegy for domestic slavery

By Garima Srivastava* Kumar Ambuj stands as one of the most incisive voices in contemporary Hindi poetry. His work, stripped of ornamentation, speaks directly to the lived realities of India’s marginalized—women, the rural poor, and those crushed under invisible forms of violence. His celebrated poem “Women Who Cook” (Khānā Banātī Striyāṃ) is not merely about food preparation; it is a searing indictment of patriarchal domestic structures that reduce women’s existence to endless, unpaid labour.

The price of silence: Why Modi won’t follow Shastri, appeal for sacrifice

By Arundhati Dhuru, Sandeep Pandey*  ​In 1965, as India grappled with war and a crippling food crisis, Prime Minister Lal Bahadur Shastri faced a United States that used wheat shipments under the PL-480 agreement as a lever to dictate Indian foreign policy. Shastri’s response remains legendary: he appealed to the nation to skip one meal a day. Millions of middle-class households complied, choosing temporary hunger over the sacrifice of national dignity. Today, India faces a modern equivalent in the energy sector, yet the leadership’s response stands in stark contrast to that era of self-reliance.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

India’s green energy push faces talent crunch amidst record growth at 16% CAGR

By Jag Jivan*  A new study by a top consulting firm has found that India’s cleantech sector is entering a decisive growth phase, with strong policy backing, record capacity additions and surging investor interest, but facing mounting pressure on talent supply and rising compensation costs .

Beyond sattvik: Purity, caste and the politics of the Indian kitchen

By Rajiv Shah   A few week ago, I was forwarded an article that appeared in the British weekly The Economist . Titled “Caste and cuisine: From honeycomb curry to blood fry: India’s ‘untouchable’ cooking”, it took me back to what I had blogged about what was called a “ sattvik food festival”, an annual event organised by former Indian Institute of Management-Ahmedabad professor Anil Gupta.