The Delhi High Court refused to issue notice on a plea seeking declaration of the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund as an authority falling under the definition of “State” under Article 12 of the Constitution of India.
The petitioner, Samyak Gangwal contented that PM Cares falls under the definition of “State” under Article 12, is based on the argument that it is “deeply and pervasively” controlled by the Government of India which also controls the fund, seeks donations on its behalf and grants it assistance in the form of various privileges, exemptions and benefits.
The PM CARES Fund formed by the Prime Minister of India in March 2020 to extend assistance to the citizens of India in the wake of the public health emergency of COVID-19, the Fund has received flak from various quarters earlier as well after it was declared a private entity in its Trust Deed which was made public in December 2020.
The prayers made by the petitioner inter alia include the declaration that the PM CARES Fund is ‘State’ under Article 12 of the Constitution of India.
The court isted the case for hearing in April, with another pending plea seeking declaration of the fund as “public authority” under the Right to Information.
Support our journalism by subscribing to Taxscan AdFree. We welcome your comments at info@taxscan.in
