Why in News?

Prime Minister office denies RTI request on PM CARES Fund. Office claims that this was a misuse of the RTI Act and should be penalised under the law.

About PM CARES Fund

• It stands for Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund.
• The main objective of dealing with any kind of emergency situation like COVID-19.
• Aims to provide financial assistance, to the populations on time whenever necessary.
• Prime Minister is the ex-officio Chairman and Minister of Defence, Minister of Home Affairs and Minister of Finance, Government of India are ex-officio Trustees of the Fund.
• Besides Chairman has the power to nominate three other trustee to the fund .
• The fund receives voluntary contributions from various persons or organisation.
• PM CARES Fund has also got exemption under the FCRA and qualify for 80G benefits for 100% exemption under the Income Tax Act, 1961.

About News

• The office denied to give information related to the PM CARES Fund.
• Prime Minister’s Office responded with the overall data, but refused to divulge information specific to the two funds.
• PMO CLAIMED Information is not maintained in this office and this disproportionately divert the resources of this office from the efficient discharge of its normal functions, thereby attracting the provisions under Section 7(9) of the Act.
  • Section 7(9) in The Right To Information Act, 2005
    • An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

What are the concerns?

• There was a question that the need to create the reserve when Prime Minister’s National Relief Fund is already in existence.
• They have also expressed doubts about the fund’s transparency.
• It is also exempt from the Foreign Contribution (Regulation) Act, 2010, and accepts foreign contributions.

Criticism Raised

• Kerala HC Judgement : Judgment by the Kerala High Court in 2010, Section 7(9) does not exempt any public authority from disclosing information.
• It has the only power to change the form other than the form in which it sought.
• Delhi High Court asking to bring PM-CARES Fund under the ambit of the Right to Information (RTI) Act.

Source : Hindustan Times

Topic : GS II :- Important aspects of governance, transparency and accountability