The Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund is not covered under the Right to Information Act (RTI) as it is not a public authority. The fund was created as a charitable trust by the Prime Minister’s Office in March 2020 to provide relief during the COVID-19 pandemic. The trust is not subject to government oversight or audit, and its operations are not transparent to the public. This lack of transparency has raised concerns about accountability and the potential for misuse of funds.
Lack of Legal Classification
The Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) is not subject to the Right to Information (RTI) Act because it lacks legal classification as a public authority.
The RTI Act defines a “public authority” as any body or institution owned, controlled, or substantially financed by the government and includes non-governmental organizations (NGOs) that receive substantial government funding.
The PM CARES Fund was established in March 2020 by the Prime Minister’s Office as a charitable trust. It is not a statutory body or a government department, and it does not receive any direct government funding.
Therefore, the PM CARES Fund does not meet the criteria for being considered a public authority under the RTI Act and is not subject to the provisions of the Act.
Government Exemption
The Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) is not covered under the Right to Information (RTI) Act due to an exemption provided by the government. The government has classified the fund as a “public charitable trust” rather than a “public authority”, which means it is not subject to the provisions of the RTI Act.
Government ministries and departments, public sector undertakings, and other government entities are considered “public authorities” under the RTI Act. However, the PM CARES Fund is a trust and, as such, is not subject to the same transparency and accountability requirements as public authorities.
The government’s decision to exempt the PM CARES Fund from the RTI Act has been criticized by some, who argue that it undermines the principles of transparency and accountability. They argue that the fund is being used for public purposes and should therefore be subject to public scrutiny.
Public Access Limitation
The Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) is a registered public charitable trust established on 28 March 2020 to undertake and support relief or assistance of any kind relating to a public health emergency or any other kind of emergency or calamity that may be declared by the Government of India as a disaster.
The PM CARES Fund is not covered under the Right to Information (RTI) Act, 2005, which allows citizens to access information held by public authorities. This is because the PM CARES Fund is not considered a public authority under the RTI Act.
- The RTI Act defines a “public authority” as any body or institution of the Government, including any body owned, controlled or substantially financed by the government.
- The PM CARES Fund is not owned, controlled or substantially financed by the Government of India. It is a registered public charitable trust that is managed by a Board of Trustees appointed by the Prime Minister.
Therefore, the PM CARES Fund is not subject to the RTI Act and is not required to disclose information about its operations or finances to the public.
Prime Ministerial Discretion
The Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) is not subject to the Right to Information (RTI) Act due to the discretion vested in the Prime Minister.
The RTI Act provides for the right to access information from public authorities, but it includes certain exemptions, such as matters related to national security, foreign relations, and cabinet discussions.
- The PM CARES Fund is a public authority as it was created by the government.
- However, the Prime Minister has been given wide discretion in the operation of the fund.
This discretion includes the power to:
- Approve or reject applications for assistance.
- Determine the amount of assistance to be provided.
- Set the criteria for eligibility.
The broad discretionary powers granted to the Prime Minister effectively place the PM CARES Fund outside the scope of the RTI Act.
| RTI Act | PM CARES Fund | |
|---|---|---|
| Public Authority | Yes | Yes |
| Discretionary Powers | Limited | Wide |
| RTI Applicability | Yes | No |
Thanks for sticking with me through this little journey into the world of PM CARES Fund’s exemption from the RTI. I hope you found it insightful. I’m always working on new articles, so be sure to check back later for more thought-provoking reads. Until then, stay curious and don’t hesitate to reach out if you have any questions. Your feedback and support are what keep me going!