Secrets of the Prime Minister's Relief Fund

I had sought information about the PM's relief fund in June 2006 using RTI. The PMO refused to give any information about the functioning of the fund, claiming it was not a Public authority! The first appellate authority rejected my appeal. Ultimately, the information was released, on orders by the Central Information Commission. In the end of March 2007, I raised questions about the fact that in 2004-05 while 968.78 crores came into the fund for the Tsunami disaster, only 101.6 crores were spent. Even in the next year only 109.21 crores were spent. The money had been donated for the people affected by a calamity, and aid had not reached the affected sufferers. In response to this the PMO put up the following ingenious explanation on its website http://pmindia.nic.in/relief .htm. :
“Statement of Income and Expenditure for last five years is as under:

Year	Total Income	Total Expenditure	Balance
2002-03	102.65	142.24	482.88
2003-04	50.48	88.45	444.91
2004-05	968.78	101.60	1312.08
2005-06	278.06	109.21	1480.94
2006-07	144.32	181.89	1443.37

An amount of Rs. 895.42 crore has been earmaked for Tsunami Relief and Rehabilitation Schemes.
I was intrigued by this, since it meant that there was more than enough money for the victims of Tsunami and there was no immediate need. Relief funds are collected to give immediate relief to victims of calamities, and Citizens and others are moved by the suffering and give the money for this specific purpose.
To verify the accuracy of this curious claim, I again sent a RTI application to the PIO of the PMO asking : "If there is a system of allocating funds for future disbursals in each year, I want the details of the allocations made for future disbursals in 2003-2004, 2004-2005 and 2005-2006
I also asked for a copy of the minutes of the meeting in which this was decided, or any documentary evidence in that year, evidencing it.
The answer revealed that the claim on the PMO’s website was untrue. It stated, "I am to refer to your application dated 8 April 2007 under RTI on the above noted subject and to say that there is no system of prior fund allocation. Sanctions/releases are made only after the events". The relief funds are run as personal fiefdoms as my RTI queries have shown.
On 4th December, 2007 I asked the PIO of the PMO, “ As of 31st March, 2007 I want the details of the amounts deposited in banks or any other place, giving the names of the banks or Financial Institutions, amounts deposited and rates of interest.
The Public Information Officer has refused to give this information, on the bizarre grounds,““specific information regarding the FIs and the terms and conditions of the deposits may amount to disclosure of information including commercial information, trade secrets or intellectual property, the disclosure of which would harm the competitive position of third parties. Further, this information is made available to the officers of the Fund in their fiduciary relationship. The desired information is therefore covered under section 8 (1) (d) & (e) of the Right to Information Act 2005.”
The first appeal has been rejected and the matter is now before the Central Information Commission in a second appeal. It appears that there are some dark secrets which the PMO is trying to hide. Right to Information will pry and bring these into Public domain.

Definition of 'Information'

When using the Right to Information, it is necessary to understand what is ‘information’. We will look at the definition given in the Act and then attempt to understand what it means.
The Act defines ‘information’ in Section 2 (f):
2 (f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
Comments: In simple terms it means that information is anything, which exists in any form with a public authority. The specific instances –records, documents, memos, emails, opinions, advices,...,reports,..... samples,models,.. are merely meant to illustrate the broad scope. Clearly file notings are opinions, legal or other opinions obtained by Public authorities, or various reports received by them are all covered. This also lays down a very important principle. Information relating to any private body, which may not be covered by the definition of ‘Public Authority’ (given in Section 2 h), can be obtained through a public authority if the law allows the public authority to access it. Thus if any public authority has the right to ask for any information under the law from a private organisation-which is not a public authority;- the Citizen can ask for it from the public authority. A few illustrative examples of how information may be obtained from institutions which are not Public authorities:
a) Information about a private bank can be obtained from the regulator –Reserve Bank of India,- if the law permits RBI to ask for it. Most information of any significance can be accessed.
b) Information about a private unaided school--from the education department.
c) Information about a Public Limited Company –from the Registrar of Companies or SEBI if the law empowers them to ask for it.
d) Information about a Cooperative Society-from the Registrar of Cooperative Societies.
e) Information about Trusts-from the Charities Commissioner.
There is some difference of opinion on whether the term ‘accessed’ means any information which the authority can ask for under various provisos or the information which the authority is usually supposed to get under the law. As an example: The Labour office requires certain information to be submitted at certain intervals- this certainly can be accessed under Right to Information, since all information with the State is held on behalf of the Citizen. However, the labour office during an investigation, can access virtually all the records of an organisation which normally would not be done. Some RTI users argue that this proviso can therefore be used to mean any information of a private organisation can be obtained through any Public authority by invoking the special investigative powers of the Public authority. Such a wide interpretation would actually mean that all private organisations could be forced to disclose all the information with them. Most Commissions do not agree with this view, and I am inclined to agree with their view. Only the information normally accessed by the Public authorities come under the ambit of RTI. On the other hand all information with the Public authority, is certainly information covered by the Right to Information Act. The Public authority holds the information on behalf of Citizens-the owners and masters of the Government,-on their behalf. Shri Laxmi Chauhan had asked for certain information from the PIO of the Ministry of Mines about BALCO. This was refused by the PIO. The CIC in its decision in this case in No.CIC/AT/A/2007/00389 has categorically stated, “The information must be available in the annual report of the company, which under law is to be submitted to shareholders. Being a shareholder of the company, with representation on its Board of management, the information sought must be available with the Ministry of Mines, and what is available with the Ministry cannot be denied to an applicant under the Right to Information Act.” Thus, once any information is with a Public authority, it is information available to any Citizen under the Right to Information Act, subject to the provisions of the Act. Repeatedly, the Act recognises that what is with the Government is on behalf of the Citizen, who is the rightful master.

Preamble of the Right to Information Act

The preamble:
THE RIGHT TO INFORMATION BILL, 2005
A Bill
to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

WHEREAS the Constitution of India has established democratic Republic;

AND WHEREAS democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Goverments and their instrumentalities accountable to the governed;

AND WHEREAS revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information;

AND WHEREAS it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal;

NOW, THEREFORE, it is expedient to provide for furnishing certain information to citizens who desire to have it

Comments: The preamble is the soul of the Act. When there is any confusion or dilemma about the meaning or interpretation of the provisions, it should be tested on the touchstone of the preamble. Just as the basic features of the Constitution are unalterable, and form the basis for interpretation of laws, the preamble of an Act should be understood to arrive at the objectives of the Act. The fact that the Right to Information is part of the fundamental rights of Citizens under Article 19 (1) has been recognised by various Courts, since the landmark decisions in the Raj Narain case, S.P.Gupta case and the ADR case amongst others.
This is not a new right conferred on the Citizens but is a part of our Fundamenatal right to Freedom of Expression under Article 19 (1).
The legislative intent is clear when it admits the need for an informed citizenry, “to contain corruption and to hold Governments and their instrumentalities accountable to the governed.” Thus the objective of this Act is to enable Citizens to hold all the instrumentalities of the Government accountable. In the next paragraph it recognises that in doing this, there may be a conflict with other public interests including running the Government and limited fiscal resources. The last paragraph unequivocally declares ,” AND WHEREAS it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal;” . Thus it is clear that in making the law, Parliament has recognised the need to harmonise different needs for running the Government and harmonised them with the paramountcy of the democratic ideal. Very often the various functionaries arrogantly assume that they are a better judge of what is good for governance, and therefore misinterpret all laws through their paradigm of what will lead to good governance. They must understand that these aspects have been considered actively by the lawmakers when framing the law. It is essential that all the elements of society: all the Public servants,- in the legislature, judiciary and the executive;- and the Citizens- the masters of the democracy,- follow all laws. The essence of democracy is that each individual Citizen is a sovereign in her own right, and she gives part of the sovereignty to the State, in return for which she gets the rule of law. Thus it is a negotiation of each individual sovereign with the State for the common rule of law.