Recently, the Prime Minister’s Office (PMO) has chosen not to disclose information regarding a Right to Information (RTI) appeal concerning the Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM-CARES Fund). The chief reason testified for this denial was that the request would divert resources of the office excessively, as indicated under Section 7(9) of the RTI Act, 2005.
The Denied Information and Grounds of Denial
The PMO declined to reveal details about the number of applications and appeals associated with PM-CARES and the Prime Minister’s National Relief Fund. This information was cloaked under Section 7(9) of the RTI Act, which allows authorities to withhold data if it would disproportionately interfere with the public authority’s resources or pose a threat to the records’ safety or preservation.
Criticism over Misuse of RTI Act Section
The Central Information Commission (CIC) criticized the PMO’s action as a misuse of Section 7(9). According to a 2010 Kerala High Court judgment, no public authority is exempted from disclosing information under this section. The section merely enables providing information in a different form than requested.
Concerns Regarding PM CARES Fund
The opacity of the PM CARES Fund’s trust deed and its scrutiny-resistant expenditure have raised concerns. Questions about the need for a new fund and decisions about uncapped corporate donations have further complicated matters. These donations are tax-exempt and can be counted towards a company’s Corporate Social Responsibility (CSR) obligations, contrasting with previous guidelines suggesting CSR should not fund government schemes.
Background on the PM-CARES Fund
In the past, the PMO stated that the PM-CARES Fund is not a public authority under Section 2(h) of the 2005 RTI Act. A Public Interest Litigation (PIL) has been filed in the Delhi High Court to challenge this, seeking to bring the Fund under the RTI Act. Another petition to transfer contributions made to the PM-CARES Fund to the National Disaster Response Fund (NDRF) also exists, with the Supreme court maintaining that unlike PM-CARES, NDRF does not accept private contributions.
The RTI Act, 2005 and Public Authority
Section 2(h) of the RTI Act, 2005 defines “Public authority” as any self-governing body established by the constitution, the Parliament/State Legislature, or an order by the appropriate Government. This includes any organization owned, controlled, or substantially financed directly or indirectly by government funds. Recently, the Supreme Court ruled the office of the Chief Justice of India (CJI) as a public authority under the RTI Act.
Exemptions Under RTI Act, 2005
Section 8 of the RTI Act, 2005 permits exceptions from disclosing information that would affect the nation’s sovereignty and integrity, information forbidden by courts, confidential commercial information, and other sensitive information endangering lives or physical safety.
