pm cares & rti 2005

PM CARES and RTI Act 2005 | Explained

It has been recently clarified by the Prime Minister’s Office (PMO) that the Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM-CARES Fund) is not a public authority under the ambit of the Right To Act (RTI), 2005.

PM CARES and RTI Act 2005

Top Current Affairs 3rd June 2020

Source | The Hindu


GS Paper II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.



pm cares & rti 2005

Key Takeaways

  • The response of Prime Minister’s Office (PMO) came in the backdrop of the Right to Information (RTI) query filed to know the Fund’s trust deed and all government orders, notifications and circulars relating to its creation and operation.
  • As a response, PMO has stated that the PM-CARES Fund is not a Public Authority under the ambit of Section 2(h) of the RTI Act, 2005.

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Context: It has been recently clarified by the Prime Minister’s Office (PMO) that the Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM-CARES Fund) is not a public authority under the ambit of the Right To Act (RTI), 2005.

What has been the issue related to PM CARES and RTI Act 2005?

The Central Information Commission (CIC) has directed PMNRF to disclose information as a result of the Delhi High Court’s split opinion on the question of whether PMNRF is a public authority under the Act.

This split opinion signifies that some Justices from the Delhi High Court Bench held PMNRF as a public authority, whereas some Justices held that PMNRF is not a public authority.

There is ambiguity regarding whether the PMNRF (Prime Minister’s National Relief Fund) is subject to the RTI Act.

  • The response of Prime Minister’s Office (PMO) came in the backdrop of the Right to Information (RTI) query filed to know the Fund’s trust deed and all government orders, notifications and circulars relating to its creation and operation.
  • As a response, PMO has stated that 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 PM-CARES Fund may be seen on the website pmcares.gov.in.

Previously, the Comptroller and Auditor General’s (CAG) office had clarified that it wouldn’t audit the PM-CARES Fund for it being ‘a charitable organisation’ and based on donations from individuals and organisations.

  • Just like PM CARES, the PMNRF too is not audited by CAG but it is audited by an independent auditor outside of the government.

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What you need to know about the Section 2(h) of the RTI Act, 2005?

Section 2(h) of the RTI Act 2005 puts forward a definition of the “Public Authority”. Under section 2(h) of the RTI Act “Public authority” means any authority or body or institution of self government established or constituted—

  • by or under the Constitution;
  • by any other law made by Parliament/State Legislature.
  • by notification issued or order made by the appropriate Government, and includes any:
    • body owned, controlled or substantially financed;
    • non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government.

Previously in 2019, the Supreme Court ruled that the office of the Chief Justice of India (CJI) is a public authority under the Right to Information (RTI) Act, 2005.


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