MINISTERS HAVE TO TAKE DECISION INLINE WITH THE GOVT THINKING AND THE VIEW POINT

As Per Section 2 (h) ““public authority” means any authority or body or institution of self-government established or constituted,-

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government, and includes any-

(i) body owned, controlled or substantially financed;

(ii) non-Government Organisation substantially financed,

directly or indirectly by funds provided by the appropriate Government;” (emphasis added)

It is publicly admitted that the PMcares fund is a trust in which the PM and three ministers are ex-officio trustees. This means that they are trustees as a result of their status and position as public servants of the government. It is difficult to assume that ministers can be on the board of an organisation like PMcares which has numerous interactions with the Government, in private capacity. In fact, this would necessarily imply a conflict of interest and would be a serious slur on their integrity. Their ex-officio position clearly means that they have to take decisions in line with the government’s view and thinking. Any other conclusion would be an improper slur on their integrity. It is not possible that India’s leading Public Servants could be acting in any manner, but as representatives of the Government when they are on holding their positions as trustees who be trusted on PMcares fund.

There can be no doubt that PMcares fund is controlled by the government and hence is a public authority liable to discharge its obligations as per the RTI Act.

It is very unfortunate that it is acting illegally and refusing to abide by the law. Perhaps this is being done because of its confidence that the Information Commission will take two years to decide and the journey in the courts could be for over a decade. 

shailesh gandhi