
The State Bank of India (SBI) has cited exemptions under the Right to Information (RTI) Act and declined to provide retired Commodore Lokesh Batra with data on electoral bonds that it had submitted to the Election Commission of India (ECI) on March 21. The bank also refused to disclose information regarding the payment made to lawyer Harish Salve for representing the bank in the Supreme Court on March 11. The SBI had requested an additional three months to disclose data on electoral bonds, but its application was dismissed. The bank had submitted data on electoral bonds purchased between April 2019 and February 2024, including unique numbers associated with each bond, which would help match bond donors with recipient political parties. The ECI made this data public on its website on the same day. Click here to download Electoral Bonds Data.
SBI’s Reasoning Behind Denying Access to Information
When Batra requested the data that the SBI had provided to the ECI on March 21, the bank stated that the information fell under exceptions in the RTI Act related to fiduciary responsibilities and personal information. The bank argued that the information contained details of purchases and political parties, and therefore could not be disclosed as it was held in a fiduciary capacity. The SBI cited Section 8(1)(e) and (j) of the RTI Act, which exempts information available in a person’s fiduciary relationship and personal information that is unrelated to the public interest or could infringe upon an individual’s privacy, respectively. These exemptions can be overridden if a competent authority deems that disclosure is in the larger public interest. Despite the data already being in the public domain on the ECI’s website, the SBI denied Batra’s request.
Denial of Information Regarding Harish Salve’s Payment
Batra also inquired about the amount paid to lawyer Harish Salve for representing the SBI’s case. The bank once again invoked exemptions under the RTI Act, stating that the information requested was third-party personal information held in a fiduciary capacity. The SBI referred to Sections 8(1)(e) and (j) of the Act. It further cited Section 8(1)(d) of the RTI Act, which exempts information, including commercial confidence or trade secrets, that could harm the competitive position of a third party. Batra expressed his surprise at the bank’s denial of this information, as it involved taxpayers’ money paid to Harish Salve for defending the bank in the Supreme Court.
Background on Electoral Bonds
Electoral bonds are interest-free financial instruments that individuals or groups can use to make anonymous donations to political parties. These bonds were introduced by the BJP government in 2018. However, on February 15, 2024, the Supreme Court declared the bonds unconstitutional, stating that they violated voters’ right to information. On March 21, the Supreme Court heard the SBI’s request for additional time to disclose data on electoral bonds, but clarified that the bank was not required to match donor and recipient data and instead requested a plain disclosure. Click here to download Electoral Bonds Data.
Future Amendments to the RTI Act
It is worth noting that the Digital Personal Data Protection Act, 2023, when it comes into force, will amend Section 8(1)(j) of the RTI Act to more broadly exempt “information which relates to personal information.”