Respondent: Empowered Committee (EC) of State FMs had taken a decision that the Minutes are not open to disclosure u/s 8; Disclosure will be a breach of parliamentary privilege & could have an adverse effect on the economic interest - CIC: Denial upheld

Minutes of the meeting of Empowered Committee (EC) of State Finance Ministers from January 2010 to till date etc. were sought - FAA directed the PIO to provide extracts of the minutes of the Empowered Committee meeting pertaining to the GSTN - Appellant contended that the Empowered Committee is a registered Society and does not perform any sovereign functions - Respondent: EC had taken a decision that the Minutes are “not open to disclosure u/s 8; Disclosure will be a breach of parliamentary privilege & premature disclosure about the future tax policies could have an adverse effect on the economic interest - CIC: Denial upheld

Information sought:

The appellant sought copies of all the minutes of the meeting of Empowered Committee of State Finance Ministers from January 2010 to till date, minutes of the meeting of Empowered Group on IT infrastructure and GST(EG) from July 2010 to 28.02.2012 and from 01.12.2012 to date, of providing the information, date wise detail about the proposal and selection of Chairman/CEO, copies of draft articles of Association & Memorandum of Association and the Share Holder Agreement, list of files and documents for the formation of the proposed company for GSTN SPV, inspection of specific files and inspection of all the records, documents, note sheets and files pertaining to the above information.

Relevant facts emerging during hearing:

Both parties are present. The appellant had filed an RTI application on 04.02.2013, seeking the above information. CPIO/US (State Taxes Section) in his reply dt. 11.02.2013 provided information on Point E and transferred the RTI Application to CPIOs, Empowered Committee and DG Systems, CBEC on Points A and B, C, D, F, G & H respectively. CPIO, Empowered Committee vide reply dt. 20.02.2013 denied disclosure of information sought as the same pertains to matters which would require approval from Parliament or State Legislatures. The appellant filed first appeal dt. 26.02.2013 to FAA/Empowered Committee, wherein he contended that the CPIO has malafidely denied information, without invoking any exemption clause under the Act. The FAA/Empowered Committee in his order dt. 30.05.2013, clarified that the Empowered Committee had taken a decision that the Minutes of the Empowered Committee meeting should be treated as items covered under “not open to disclosure under section 8 of the RTI Act, 2005.” However, the FAA directed the PIO to provide extracts of the minutes of the Empowered Committee meeting pertaining to the GSTN within 15 days. The appellant stated that it was the CPIO who should have decided whether information should have been provided or not, under the RTI Act. He stated that the CPIO, in denying him the information, without invoking the appropriate exemption clause, was wrong. He referred to the the Delhi High Court’s decision in R.K. Jain V. Chairman, Income Tax Settlement Commission & Ors., and stated that that under the RTI Act, different hierarchies have been mentioned and merely, stating that the Empowered Committee had taken a decision that the Minutes of the Empowered Committee meeting should not be treated as items covered under “not open to disclosure under section 8 of the RTI Act, 2005, is incorrect. The respondent CPIO stated that disclosing the entire minutes of the Empowered Committee meetings will be a breach of parliamentary privilege. She further stated that whatever information could be disclosed, has already been provided to the appellant, in the form of extracts, in compliance of the FAA’s order.

The appellant contended that the Empowered Committee is a registered Society and does not perform any sovereign functions. The respondent authority is merely in consultation and that its recommendation may or may not be accepted. The CPIO urged that before the completion of final deliberations, the minutes cannot be disclosed regarding the Goods & Services Tax Network (GSTN) matters.

Interim Decision: 29.01.2015

After hearing the respondents and on perusal of record, the Commission directs PIO, Empowered Committee to furnish written submissions, clarifying the exemption clause under which they are denying the information sought by the appellant. Also, furnish comments regarding the contention made by the appellant regarding different hierarchies mentioned under the RTI Act, 2005 and the basis on which decision has been taken by the Empowered Committee that Minutes of the Empowered Committee Meetings should not be treated as items covered under “not open to disclosure under section 8 of the RTI Act, 2005. These written submission and comments should be furnished before the Commission and a copy be marked to the appellant, within two weeks of receipt of this order, after which the Commission shall pass a final order and fresh hearing will be held, if desired.

Final Decision: 13.07.2015

Written submission dt. 04.03.2015 has been filed by PIO/Advisor, Empowered Committee. It is stated therein that in the third meeting of the Empowered Committee 2010 dt. 02.06.2010, the Empowered Committee of the State Finance Ministers, the disclosure of Minutes of Meeting of the Empowered Committee was discussed. The relevant portion of the minutes is as under:–

“…with the permission of the Chairman, Empowered Committee, it was mentioned by the Member Secretary that the Empowered Committee is covered under the Right to Information Act, 2005 and the Secretariat is required to furnish the information from time to time. He proposed that the minutes of the EC and minutes of various Committees should be treated as items covered under “not open to disclosure under section 8 of the RTI Act, 2005”, as most of the minutes and reports pertain to matters which eventually require approval of the Parliament or the State Legislatures and therefore any disclosure may attract privilege the Parliament/State Legislatures. After due consideration, it was resolved by the Empowered Committee that minutes of the meetings of the Empowered Committee minutes and reports of working groups committee should be treated as items covered “not open to disclosure under section 8 of the RTI Act, 2005”.

It is also stated therein that at present, the Empowered Committee (EC) is deliberating the issue of introduction of the Goods and Services Tax (GST) in the country and that the discussions on the same are intense, resulting in points of views, often, being expressed in closed door meetings of the State Finance Ministers. The PIO has also stated that the decision of the working groups consisting of officers of both the Central and State Governments have been formed to prepare a draft legislation of GST, business process to be adopted in the GST regime and related issues. He has categorically stated that any premature disclosure about the future tax policies could have an adverse effect on the economic interest The appellant has neither filed a first appeal against the information provided, if any, by CPIO, DG Systems, CBEC on Points B, C, D, F, G & H, nor has he raised any contention against the same in his second appeal. Therefore, it is presumed that he is satisfied with the information received on the same.

Now, as for Point A of his RTI application dt. 04.02.2013

(Yashovardhan Azad)

Information Commissioner                                     

Citation: Shri R.K. Jain v. Empowered Committee of State Finance Ministers, Delhi Secretariat in F.No. CIC/SS/A/2013/001766-YA