The right to information is a fundamental right given to us by the constitution of India. Although it’s not expressly mentioned in the constitution but is implied in Article 19 of the Indian constitution.[1] The primary aim behind the Right to Information Act is to empower citizens with their right to ask for information from any public office, making the office duty-bound to provide the information within a fixed period. It promotes transparency and accountability between the government and the country’s citizens. Before the enactment of this act in 2005, citizens had no option for getting any information regarding the work of the government. Still, the Right to Information Act 2005 made government/public offices answerable to citizens for their work.
About PM CARES Fund
Prime minister’s Citizen Assistance and Relief in Emergency Situations Fund, popularly known as PM CARES FUND, was formed by the prime minister of India, Narendra Modi. The fund was created on 28th March 2020 to deal with the deadly coronavirus (COVID-19). As per the government records, it is a public charitable foundation that the Prime Minister’s office established to handle crises like COVID-19. To assist the government of India and the areas facing the impacts of the novel coronavirus (COVID-19), a fund has been set up under Prime Minister’s flagship Coronavirus Diseases Preparedness and Response (PM-CARES) fund.
This fund can be used to fund hospitals or existing health facilities, or it can be used to develop a specific vaccine or to develop an antibody test to confirm whether a person has immunity. This trust can reduce the suffering of people affected by the pandemic. The money from the fund can be applied for the use and benefit of the most affected areas in any way that is not inconsistent with anything specified earlier.
Private Fund or Public Fund?
To control the deadly coronavirus government urged the citizen to contribute to PM CARES FUND generously the amount as much as they want, and all the information related to the donator will be kept confidential. However, a legal controversy was raised regarding the PM cares fund when the Prime Minister’s office refused to disclose information under the Right to Information Act, saying PM CARES is not a public authority[2]. This statement by the Prime Minister’s office created chaos in the public domain as to why PM CARES is not included within the domain of the RTI act. Press Information Bureau, Ministry of Finance issued an appeal to contribute towards PM CARES FUND generously.[3]
The revenue department of the Ministry of Finance issued a circular: PM cares donation amount will automatically be deducted from government staff salaries before reaching the employees. Is this called a generous/voluntary contribution towards PM cares fund? The national emblem of India is displayed on the PM CARES website. If PM CARES is not an office under RTI, how can it showcase the national emblem?
How can the address be showcased as Prime Minister’s office, South Block, New Delhi? If a considerable amount has to be donated, then the Union secretary, Prime Minister office south block, New Delhi, should be contacted. Moreover, the Email domain is mentioned as gov.in., which marks a big question mark over the PM CARES Scope. A person associated with the PM cares fund includes the Defense minister, home minister, and Finance minister, all those which are constitutional posts.
RTI ACT Section 2H[4]: defines public authority as an authority or body, or institution of self- government established or constituted:
- Under the constitution
- Under any other law made by the parliament
- Under any other law made by the state legislature
- By notification issued or order made by the appropriate government and include any-body earned controlled or substantially financed
Supreme Court on plea against PM CARES fund.
The request to transfer money from PM CARES to the National Disaster Relief Fund was denied by the Supreme Court of India. The PM CARES FUND was created as a nonprofit organisation to assist needy people. The funds collected through this will be used to treat people affected by such disasters, relocate people and improve medical services to serve more people. So,” the Supreme Court said they do not have the authority to transfer the funds to the National Disaster Fund.
Both organizations have a different role, and the court cannot do such things.” The Supreme Court said that the funds thus collected due to the voluntary contributions of various persons and organizations, the government does not have to do anything with the funds collected with this, so the Supreme Court cannot indulge in this without good reason.
Conclusion
For a trust which is made and run by four cabinet ministers in their ex-officio limits, denying the status of ‘public authority is a major hit to the transparency of the government and on our democratic values. As a national resident, it is imperative to know about the activities proposed by the administration body. There ought to be a relationship of straightforwardness between the legislature of a nation and its residents.
An association of trust can only be fabricated if the administration keeps its people informed. The refusal and failure to uncover the data about the PM CARES Fund are simply making questions and holding the citizens under misdirection. I believe that people affected by the virus and others should know about the working of this trust. In closing, I think that the Apex Court ought to convey a judgment that is agreeable to the citizens, as they
should have the option to know where the money is going and whether it is getting used appropriately or not.
[1] Article 19, Government of India, Right to Information Act, 2005.
[2] Supreme Court Dismisses Petition on PM CARES Fund – Supreme Court Observer
[3] Press Information Bureau, Appeal to Generously Donate to ‘Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) Press Release: Press Information Bureau
[4] Article 2(h), Government of India, Right to Information Act, 2005.
Author: Divyansh Rana, 4th Year Student at Himachal Pradesh National Law University Shimla
