JUDGMENT

Sanjay Karol, C.J. - Two issues arise for consideration of this Court:

(1) Whether guidelines of the NITI Aayog to the Chief Secretaries of the State governments are in nature of advisory communication or did it make it mandatory on the State government to engage CSOs/NGOs/voluntary organizations into the realm of relief operations?

(2) Whether the civil society organizations have a right to be involved in relief operations during the times of crisis and disaster management, for ensuring the reach of relief to each needy person, especially in light of the Covid-19 response strategies issued by the international organizations, including the WHO and endorsed by the United Nations?

Facts and Procedural History

2. On April 22, 2020, Learned advocate Ms. Parul Prasad, by way of the present Public Interest Litigation, brought to this Court''s notice the issue of the rights of Civil Society Organizations (CSOs) and Non-Government Organizations (NGOs) to aid and supplement the efforts of the State in providing relief to the needy during the pandemic.

3. The petitioner submitted that due to the sheer size and population of the State of Bihar, even with the State government''s continued efforts, they were unable to reach each and every person in need. It was therefore in the interest of the rights of the persons in need that a large number of voluntary organizations, CSOs and NGOs who were genuinely interested in helping out and we''re in an excellent position to assist the State government, be engaged in the relief operations.

4. The petitioner brought on record, two letters of the Chief Executive Officer of NITI Aayog, Amitabh Kant, dated March 30, 2020, and March 30, 2020, respectively, issued in his capacity as the Chairman of the empowered Committee under Disaster Management Act 2005. The first letter was addressed to about 800 recognized CSOs and NGOs from across the country, stressing their pivotal role in joining and assisting the local and State administrations in critical areas and requesting their coordinated efforts to work closely with the State authorities on the ground, especially in critical areas. The second letter was addressed to all State governments intimating them of the request to CSOs and NGOs and directing them to include these organizations in the relief operations conducted in the States.

5. The petitioner also brought on record another set of two letters dated April 8, 2020, and April 10, 2020, issued by NITI AYOG directing the States to appoint Nodal Officers at the State and District levels for coordination with CSOs and NGOs.

6. The petitioner also brought to this Court''s notice, guidelines and directions issued by recognized international organizations such as the World Health Organization (WHO) and endorsed by the United Nations for strategic public health response for Covid-19 at the national and local levels. The Covid-19 Strategy Update dated April 14, 2020, by the WHO, while laying down the National Strategies to respond to Covid19 provides that each country must continue to implement a national action plan, which must include civil society organizations and national NGOs to extend the reach of public health and socioeconomic interventions.

7. The petitioner submitted that many NGOs and CSOs are willing to aid and assist the State Government, however, were working under Corporate Social Responsibility (CSR) or foreign funding, and hence were bound by the mandatory requirement of transparency and accountability on where are how the funds are being utilized. This required that their volunteers remain present where the goods and food were distributed and money was being utilized.

8. However, the district administration of Bihar refused lockdown travel passes to organizations and had requested them to deposit the relief goods at allotted stores, which would then be distributed by the State authorities. The petitioner also brought to the notice of this Court, news article dated Aril 15, 2020, poi