The Prime Minister's Office has informed Delhi High Court that the PM CARES Fund can neither be brought under the Right to Information Act as a 'public authority' nor can it be listed as 'State' since it is not owned by the Govt of India.
The Centre was responding to pleas seeking declaration of the Covid-19 fund as 'State' under the Constitution and 'public authority' under RTI for purposes of transparency
The Prime Minister's Office in the affidavit said that PM CARES was set up as a public charitable trust, and not created by or under the Constitution of India, or by any law made by Parliament or any state legislature.
It argued that the fund operates in a transparent manner with donations being taken only via cheque, demand draft or online payment. The PMO also said that the fund is audited and the reports are posted on its website