The Supreme Court Tuesday said that the PM CARES fund has been constituted with an objective to extend assistance in the wake of public health emergencies like COVID-19 and no exception can be taken at this need of the hour in its constitution.
The observations came on a PIL, filed by NGO “Centre for Public Interest Litigation”, seeking a direction that all the money collected under the PM CARES Fund for the COVID-19 pandemic should be transferred to the National Disaster Response Fund (NDRF).
The Centre had submitted that the Chairperson of the Board of Trustees (Prime Minister) shall have the power to nominate three trustees to the Board of Trustees who shall be eminent persons in the field of research, health, science, social work, law, public administration and philanthropy. Any person appointed a Trustee shall act in a pro bono capacity.
Taking note of the submissions, the apex court said the PM CARES Fund is a public charitable trust and is not a government fund.
A bench headed by Justice Ashok Bhushan said it is for the Central government to take the decision as from which fund what financial measures are to be taken and it is neither for PIL petitioner to claim that any financial assistance be made from particular fund nor this Court to sit in judgement over the financial decisions.
The apex court noted that it was created as a dedicated national fund with an objective of dealing with any kind of emergency or distress situation as posed by the COVID-19 pandemic and to provide relief to the affected.
“It is not open for the petitioner to question the wisdom of trustees to create PM CARES fund which was constituted with an objective to extend assistance in the wake of public health emergency that is pandemic COVID-19,” the bench also comprising justices R S Reddy and M R Shah, said.
The court clarified that neither there is no statutory prohibition for the Union of India utilising NDRF for providing assistance in the fight of COVID-19 pandemic, in accordance with the guidelines issued for administration of NDRF nor there is no statutory prohibition in making contribution by any person or institution in the NDRF as per Section 46(1)(b)of the Act, 2005.
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