India / PMO denies RTI application on PM CARES, says it's not public authority: Report

The Prime Minister Office (PMO) on Friday reportedly refused to provide details about the PM CARES Fund to an RTI applicant, saying that it's not a "public authority" under the RTI Act. The application sought details of the fund's constitution, copies of the fund's trust deed, among other things. "Relevant information...may be seen on the website pmcares.gov.in," the PMO replied.

The Quint : May 31, 2020, 04:19 PM

New Delhi: The office of the Prime Minister on Friday, 29 May, refused to divulge details of the PM-CARES fund, claiming the reserve was not a ‘public authority’ under the RTI Act, Live Law reported.

The PM-CARES Fund was created on 28 March, with the prime minister as its chairperson and senior cabinet members serving as trustees following the COVID-19 outbreak.

The PM’s office issued to the statement in response to an RTI filed by Harsha Kandukuri, a Bengaluru-based law student, in April. The application sought details of the constitution of the Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund, copies of the fund’s trust deed, and the relevant government orders related to its creation and functioning.

“The PM-CARES Fund is not a public authority under the ambit of section 2(h) of the RTI Act, 2005… However, relevant information in respect of the fund may be seen on the website pmcares.gov.in.” the PMO said in response to the RTI application.

According to Live Law, no such information is available on the official website.

Law Student Plans to Appeal

The Hindu quoted Kandukuri, who is a law student at the Azim Premji University in Bengaluru, saying: “When we already have the Prime Minister's National Relief Fund (PMNRF), having another fund did not make sense to me. I was curious about the composition and objectives of the Trust. I wanted to read the trust deed.”

According to the report, Kandukuri is preparing to appeal further arguing that the name, composition of the trust, control, usage of the emblem, government domain name signifies that PM-CARES fund is a public authority.

What is Public Authority Under RTI?

Under the RTI Act, a public authority is an organisation established (a) under or by the Constitution (b) by any other law made by the parliament or (c) by a notification or order issued by the government. The definition also covers organisations financed substantially by the government and non-governmental organisations.

Last month, the government said that the fund will not be audited by the Comptroller and Auditor General of India since it was based on donations of individuals and organisations.