Why PM CARE Fund is Not in RTI: Exploring the Lack of Transparency

Have you ever heard of the PM CARES Fund? If not, it’s a fund that was started by Prime Minister Narendra Modi as an emergency fund to tackle any emergency situations such as pandemics, earthquakes, etc. However, unlike other government funds, this one is not subjected to the Right to Information Act. In simple terms, it means that the government is not obligated to provide any information to the public about the fund’s financials or how it’s being utilized.

The topic of PM CARES fund being excluded from the RTI has been a debate for a while now. Many believe that the fund is not transparent and lacks accountability since the public does not have access to information about its working. On the other hand, the government has defended the exclusion stating that the fund is a voluntary contribution, and therefore, the RTI does not apply to it. Regardless of the reasoning, there is no denying that it has created a divide between those that support the exclusion and those that oppose it.

It’s essential to understand why this exclusion matters and how it affects the general public. It’s no secret that in times of crisis, the government has to step in to help. However, with the PM CARES fund’s exclusion, it raises questions about how transparent our government is, and whether it’s necessary to have a separate fund that isn’t subject to scrutiny. Only time will tell if there’ll be any legislative changes to bring PM CARES fund under RTI’s ambit and increase transparency in the functioning of the fund.

Non-disclosure of PM Care Fund

The PM Care Fund was set up by the Indian Prime Minister, Narendra Modi, in March 2020 to combat the COVID-19 pandemic in the country. The fund was established as a public charitable trust and was meant to be a corpus of public funds that could be used to provide relief and assistance during the pandemic. However, the non-disclosure of the fund has been a subject of controversy and criticism.

The government has refused to disclose the details of the fund, stating that it is not a public authority under the ambit of the Right to Information Act, which mandates transparency and accountability in government operations. This has led to questions about the transparency and accountability of the fund, and the government’s intentions behind withholding the information.

Why PM Care Fund is not in RTI?

  • The PM Care Fund was set up as a public charitable trust and not as a government entity, thereby making it exempt from the RTI Act.
  • The government has argued that the fund is not established by the government but by a private entity, thereby making it outside the scope of the RTI Act.
  • The government has also maintained that the fund is not audited by the Comptroller and Auditor General (CAG) of India, unlike other public funds that are subject to CAG audit, which is another reason for not disclosing the details.

Lack of Transparency and Accountability

The lack of transparency and accountability surrounding the PM Care Fund has raised concerns about the government’s intentions and its commitment to ensuring accountability and transparency. The fund has received donations from various sources, including individuals, corporates, and foreign governments, but the details of the donations and the utilization of the funds remain unknown.

The lack of disclosure of the details of the fund has also made it difficult for the public to assess the effectiveness of the fund in combating the pandemic and the allocation of resources. The absence of a monitoring mechanism for the fund and the lack of clarity around its functioning and decision-making processes have further exacerbated concerns about accountability and transparency.

The Way Forward

The non-disclosure of the PM Care Fund has undermined the principles of transparency and accountability and has created doubts about the intentions and efficacy of the fund. The government must take steps to ensure that the fund is subject to transparency and accountability measures.

Steps the Government can take Benefits
The fund should come under the ambit of the RTI Act. The fund will be subject to transparency and accountability measures, and the public will have access to the details.
The fund should be audited by the CAG of India. The fund’s utilization and financial management could be audited, thereby enhancing accountability.
The fund should have a monitoring mechanism and oversight body. The fund’s operations, decision-making processes, and resource allocation could be monitored, which would enhance transparency and accountability.

The government must take the necessary steps to ensure that the PM Care Fund remains true to its purpose of providing assistance during the pandemic and that the corpus of public funds is managed transparently and accountably.

Legal Framework of RTI and PM Cares Fund

The Right to Information Act, 2005 (RTI Act) is a legislation that was enacted by the Indian Parliament to provide the citizens of India with the right to access information held by public authorities. It is a powerful tool that enables citizens to exercise their right to hold the Government and public authorities accountable for their actions and decisions. The PM Cares Fund, on the other hand, is a fund that was set up by the Government of India in March 2020 to receive donations to help fight the COVID-19 pandemic.

  • The RTI Act provides for the right to information that is held by public authorities. However, the PM Cares Fund does not fall under the definition of a public authority as defined in the RTI Act. Therefore, information related to the PM Cares Fund is not subject to the RTI Act.
  • The PMO has claimed that the PM Cares Fund is a private trust and as such is not subject to the RTI Act. This claim has been questioned by activists and concerned citizens who argue that the PM Cares Fund is a public entity and should be subject to the RTI Act.
  • In addition to the RTI Act, the Comptroller and Auditor General (CAG) of India is responsible for auditing the accounts of all public authorities in the country. However, the PM Cares Fund is not subject to CAG audit as it is not a public authority.

The lack of transparency and accountability in the PM Cares Fund has been a cause for concern for many activists and concerned citizens. Without public scrutiny, there is no way to ensure that the funds collected are being used for the purpose for which they were intended.

The need for transparency in the PM Cares Fund has been highlighted by the fact that there have been several allegations of impropriety in the management of the Fund. A recent report by a group of civil society organizations alleged that the Fund was being used to benefit certain private companies, and that there was lack of transparency in the way the funds were being allocated.

Legal Framework of RTI and PM Cares Fund
RTI Act The RTI Act provides citizens with the right to access information held by public authorities
PM Cares Fund The PM Cares Fund is not a public authority and is therefore not subject to the RTI Act
CAG Audit The PM Cares Fund is not subject to CAG audit as it is not a public authority

In conclusion, the lack of transparency and accountability in the PM Cares Fund is a cause for concern for citizens. The fact that the Fund is not subject to the RTI Act and CAG audit makes it difficult to ensure that the funds collected are being used for the intended purpose. The Government must take steps to address these concerns and ensure that the PM Cares Fund is subject to public scrutiny and accountability.

Political Implications of PM Cares Fund and RTI

The PM Cares Fund, which was created to handle the COVID-19 pandemic, has been the subject of controversy since its inception. One of the main issues with the fund is that it is not subject to the Right to Information (RTI) Act of 2005. This lack of transparency has caused concern among citizens and political observers alike.

  • The government has defended the PM Cares Fund’s exempt status by arguing that it is a private fund, not a public entity. However, the fact remains that the fund was created by the Prime Minister’s Office and is administered by government officials. This raises questions about its true nature and purpose.
  • The lack of transparency surrounding the PM Cares Fund has also led to accusations of political favoritism. Some have suggested that the fund is being used to benefit certain individuals or political parties, rather than being used in the best interests of the public. Without access to information about the fund and its activities, it is impossible to confirm or refute these claims.
  • The PM Cares Fund’s exempt status also sets a dangerous precedent for future government initiatives. If a fund like this can be created and administered without any kind of oversight or transparency, what other initiatives might be launched under similar circumstances? This lack of accountability could lead to more corruption and abuse of power in the future.

Overall, the lack of transparency surrounding the PM Cares Fund and its exempt status from the RTI Act raises serious questions about the government’s commitment to accountability and the rule of law. Without access to information about the fund and its activities, it is impossible for citizens to fully assess its impact and effectiveness, and for the government to be held accountable for its actions.

To address these concerns, it is essential that the PM Cares Fund be made subject to the RTI Act. This would ensure that the fund’s activities are transparent and accountable, and that citizens can have confidence that their donations are being used in the best interests of the public.

Table: Comparison of Government Relief Funds

Relief Fund Status under RTI
PM Cares Fund Exempt
PM National Relief Fund Subject to RTI
CM Relief Fund Subject to RTI

As the table above shows, the PM Cares Fund is the only relief fund that is exempt from the RTI Act. This highlights the need for greater transparency and accountability surrounding the fund, and for the government to take action to address these concerns.

Transparency in Covid-related donations

One of the major concerns for the Indian public during the Covid-19 pandemic is the transparency in the donations being made towards Covid-relief. The Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) was created by the Indian government to collect donations from individuals and organizations to fight the pandemic. However, it has been criticized for not being transparent enough with its funds and not being subject to the Right to Information (RTI) Act.

  • PM CARES Fund was started on March 28, 2020, almost a month after the announcement of the nationwide lockdown. The fund was created to help India fight against the Covid-19 pandemic.
  • While the government claims that the PM CARES Fund is transparent, several activists and opposition parties have questioned the transparency of the fund.
  • One of the major concerns is that the PM CARES Fund is not subject to the Right to Information (RTI) Act, which means that the citizens of India cannot access information related to the fund.

It is important to note that the PM CARES Fund has received a significant amount of donations, including several big corporate donations. However, without transparency and accountability, there is a risk that the funds may not be utilized effectively and efficiently.

Several activists have called for more transparency in the Covid-related donations, including the PM CARES Fund. They have demanded that the fund be subjected to the RTI Act to ensure accountability and transparency. Transparency is a crucial aspect when it comes to donations made towards fighting the pandemic, and it is important that the government ensures that the funds are being utilized effectively and efficiently.

PM CARES Fund Concerns Raised
Created to collect donations to fight Covid-19 pandemic Transparency of funds
Not subject to RTI Act Risk of funds not being utilized effectively and efficiently
Received huge corporate donations Activists demanding transparency

Overall, while the government claims that the PM CARES Fund is transparent, there is a need for more transparency and accountability to ensure that the donations are being utilized effectively and efficiently. The Indian citizens have the right to know how the government is utilizing the funds and whether they are being utilized for the intended purpose of fighting the pandemic. It is time for the government to subject the PM CARES Fund to the RTI Act to ensure that there is full transparency and accountability.

Concerns raised by opposition parties

Since the launch of the PM CARES Fund, there has been widespread criticism and scrutiny from opposition parties, who have raised concerns about the transparency and accountability of the fund.

  • The first and foremost concern raised by the opposition parties is that the PM CARES Fund is not covered under the Right to Information (RTI) Act. This means that the citizens of India do not have the right to seek information regarding the functioning of the fund, which might give rise to doubts about the utilization of the fund.
  • There have also been allegations that the PM CARES Fund is being used to finance the political interests of the ruling government, and it lacks accountability to the public.
  • The opposition parties have also criticized the government for not auditing the fund by an independent auditor, which would ensure transparency in its functioning. They say that the government is using the fund as a parallel exchequer and it is not accountable to the Parliament.

The opposition parties have compared the PM CARES Fund with the National Disaster Response Fund (NDRF), which is audited by the Comptroller and Auditor General (CAG) of India. The opposition parties say that the NDRF is accountable to the Parliament, and any lapses in its functioning can be highlighted and corrective measures can be taken by the government.

The government, on the other hand, has defended the fund saying that it is a public charitable trust and has been set up with the aim of providing relief to those affected by the COVID-19 pandemic. The government has assured the public that the fund is being used transparently and is being audited by a reputed auditor.

Concerns raised by opposition parties Government’s response
The fund is not covered under RTI The government says that since the fund is a public charitable trust, it is not required to be covered under RTI.
The fund lacks transparency and accountability The government has assured the public that the fund is being used transparently and is being audited by a reputed auditor.
The fund is being used to finance political interests The government has denied the allegations and has assured that the fund is being utilized only for relief measures.

The debate around the PM CARES Fund is ongoing, and only time will tell whether the fund is being utilized transparently or not. However, in the current scenario, it is important for the government to address the concerns raised by the opposition parties and ensure that the fund is used for the betterment of the citizen of India.

Accountability and Utilization of PM Care Fund

The PM Care Fund was set up to provide relief to those affected by the COVID-19 pandemic. However, the fund has been embroiled in controversy since its inception, with questions being raised about its accountability and utilization. One major point of contention is the fact that the PM Care Fund is not covered under the Right to Information Act (RTI).

  • The RTI Act is an essential tool for holding public institutions accountable. It allows citizens to access information about how their tax money is being spent, and to hold government agencies accountable for their actions. However, the PM Care Fund is not covered under this act, which means that citizens cannot demand information about its utilization.
  • This lack of transparency has led to concerns about the accountability of the fund. Some have suggested that the fund is being used for purposes other than COVID-19 relief, such as political campaigns or other non-emergency uses.
  • It is important to note that the fund is not required to disclose its donors. This lack of transparency has raised concerns about the possibility of conflicts of interest, and has led to calls for increased transparency and accountability.

Without the ability to access information about the PM Care Fund’s utilization, it is impossible to know for sure how the funds are being used.

Another issue related to the PM Care Fund’s utilization is the fact that it is not subject to standard government procurement rules. This means that the fund can purchase goods and services without following standard procedures for ensuring fairness and transparency. This lack of oversight has raised concerns about possible corruption and misuse of funds.

Issue Criticism
Lack of accountability The fact that the PM Care Fund is not covered under the RTI Act means that citizens cannot demand information about its utilization, leading to concerns about accountability.
Transparency The fund is not required to disclose its donors, leading to concerns about the possibility of conflicts of interest and non-emergency uses of the funds.
Procurement rules The fund is not subject to standard government procurement rules, leading to concerns about possible corruption and misuse of funds.

It is essential that the government ensures that the PM Care Fund is being used for its intended purpose – providing relief to those affected by the COVID-19 pandemic. This can only be achieved through increased transparency and accountability.

Comparison of PM Care Fund with other relief funds

The PM Care Fund was established as a public charitable trust to provide relief during any kind of emergency, such as the current COVID-19 pandemic. It was created to receive donations from individuals, companies and institutions that wished to support relief efforts in India. However, there has been some criticism of the PM Care Fund, particularly regarding its lack of transparency and accountability. One key issue is the fact that the PM Care Fund is not covered by the Right to Information (RTI) Act of India, which allows citizens to access information from public authorities.

  • PM Care Fund vs PM National Relief Fund (PMNRF): The PMNRF was established in 1948 and is a public charitable trust created to provide relief to individuals affected by natural calamities such as floods, earthquakes and droughts, as well as to victims of major accidents and riots. However, unlike the PM Care Fund, the PMNRF is covered by the RTI Act and is subject to regular audits by the Comptroller and Auditor General of India (CAG).
  • PM Care Fund vs state relief funds: Many state governments in India have set up their own relief funds, such as the Chief Minister’s Relief Fund (CMRF), to provide assistance during disasters and emergencies. These state funds are usually covered by the RTI Act and are subject to regular audits by the state government’s audit department. However, the PM Care Fund is not subject to any such audits or scrutiny.
  • PM Care Fund vs international relief funds: Several international relief funds such as the United Nations International Children’s Emergency Fund (UNICEF), World Health Organization (WHO), and Red Cross have been actively involved in providing assistance to India during the COVID-19 pandemic. These organizations are subject to strict guidelines and audits to ensure transparency and accountability, which is lacking in the PM Care Fund.

It is important to note that while the PM Care Fund has received significant donations from various individuals and organizations, the lack of transparency and accountability undermines its effectiveness in providing relief. Without adequate checks, there is a risk of misuse of funds, which can further aggravate the situation during an emergency. Therefore, it is crucial to ensure that relief funds are transparent and accountable, and subject to audits as per the RTI Act.

In summary, while the PM Care Fund has its merits, it still falls short when compared to other relief funds such as the PM National Relief Fund and state relief funds. Furthermore, international relief funds have set higher standards for transparency and accountability. Therefore, it is important for the government to take steps to ensure that the PM Care Fund is subject to scrutiny and audits as per the RTI Act, in order to improve its effectiveness and support for relief efforts in India.

Relief Fund Established year Covered by RTI Act Accountability
PM Care Fund 2020 No Non-transparent
PM National Relief Fund 1948 Yes Audited by CAG
State relief fund Varies by state Yes Audited by state audit department
International relief fund Varies by organization Yes Strict guidelines and audits

The table above summarizes the comparison of PM Care Fund with other relief funds in terms of their establishment year, coverage by RTI Act, and accountability. As seen from the table, while some state relief funds and international relief funds are transparent and accountable, the PM Care Fund lacks transparency and accountability as it is not covered by the RTI Act. This underlines the need to ensure that relief funds are subject to scrutiny and audits to ensure their effectiveness in providing relief to those in need.

FAQs: Why PM CARES Fund Is Not in RTI?

Q: What exactly is PM CARES Fund?
A: PM CARES Fund is a public charitable trust established in 2020 for providing emergency relief to those who are affected by disasters like COVID-19 pandemic, among others.

Q: Is PM CARES Fund transparent?
A: PM CARES Fund is a controversial fund, as there is no provision for any independent audit of the fund.

Q: What is RTI?
A: RTI or Right to Information is an act of the Indian parliament that allows citizens to access information held by public authorities.

Q: Is it possible to get information about PM CARES Fund through RTI?
A: No, the PM CARES Fund is not under the purview of RTI, so any information about the Fund cannot be obtained through this route.

Q: Why is PM CARES Fund not under RTI?
A: The government has stated that the PM CARES Fund is not under the RTI because it is a private trust, not a public authority.

Q: Can the decision to keep PM CARES Fund out of RTI be legally challenged?
A: Recently, the matter was raised in the Lok Sabha, where the government said that the decision could not be legally challenged.

Why PM CARES Fund Is Not in RTI: Final Thoughts

The PM CARES Fund has been in the news in recent times due to the controversy surrounding its transparency and accountability. The Fund, established for charitable purposes, has been kept outside the purview of RTI, which means that the information about the fund cannot be obtained through this route. Whether this decision can be challenged or not is still up for debate, but for now, it is clear that the PM CARES Fund is not open to public scrutiny. Thank you for reading, and we hope to see you again soon.