PM Cares Fund
PM Cares Fund
Litigation News

MHA says existence of statutory fund like NDRF does not bar creation of PM CARES, lays down National Plan to contain COVID-19 before SC

The response of the MHA was filed in a plea by Centre for Public Interest Litigation (CPIL) seeking transfer of the amount deposited in the PM Cares Fund to the NDRF.

Debayan Roy

The Union Ministry of Home Affairs (MHA) has filed an affidavit before the Supreme Court stating that the existence of a statutory fund like the National Disaster Relief Fund (NDRF) does not bar the creation of the ‘PM Cares Fund’, since it accepts voluntary donations.

The response of the MHA was filed in a plea by Centre for Public Interest Litigation (CPIL) seeking transfer of the amount deposited in the PM Cares Fund to the NDRF, since the former does not have any legal backing.

In its response, the MHA states that such a prayer for crediting funds from one fund to another is not maintainable under Article 32 of the Constitution.

"There are several funds which are either established earlier or now for carrying out various relief works. PM Cares is one such fund with voluntary donations. The mere existence of a statutory fund would not prohibit in the creation of a different fund like PM Cares Fund which provides for voluntary donations. Prayer under Article 32 to transfer PM Cares Fund into NDRF account is not maintainable as all funds other than the funds stipulated under Section 46 of Disaster Management Act, 2005, are separate, different and distinct created under separate provisions."

Affidavit filed by MHA before Supreme Court

Bar and Bench - Indian Legal news
www.barandbench.com