PM CARES: The PM CARES Fund is a “public charitable trust,” not a government fund, according to information provided to the Delhi High Court on Tuesday by the Prime Minister’s Office (PMO). The PM CARES Fund is categorically not the Center’s business, according to the affidavit that was provided to the High Court, which describes it as a public charity trust that exclusively accepts voluntary donations.
What does the affidavit include?
The affidavit reads, “This Trust is neither intended to be, nor is in fact owned, controlled or substantially financed by any government nor any instrumentality of the government. There is no control of either the Central government or any state governments, either direct or indirect, in the functioning of the Trust in any manner whatsoever.”
A petition by Samyak Gangwal asking for the declaration of PM CARES Fund as a “State” under the Constitution was being heard by a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad. If granted, this would have the effect of requiring the Fund to disclose its quarterly information on donations received, their use, and decision-making regarding donation expenditures, as well as its audit reports on a regular basis.
A constitutional issue shouldn’t be determined in a vacuum, according to the affidavit, which claimed that the plea is founded on “apprehensions and suppositions.” Senior Advocate Shyam Divan said, who filed the petition remarked, “High functionaries of the government like the Vice President had requested the Rajya Sabha members to make donations, he PM CARES Fund has been projected as a government fund.”
PMO puts forward their arguments
Replying to which, PMO said, “The PM CARES Fund is administered on the pattern of Prime Minister’s National Relief Fund (PMNRF) as both are chaired by the Prime Minister. Like the National Emblem and domain name ‘gov.in’ are being used for the PMNRF, the same are also being used for PM CARES Fund.”
Along with the Constitutional definition of PM CARES Fund as a “State,” Gangwal has also asked that the organisation be forbidden from using the terms “PM” in its names or websites, the State Emblem, the domain name “gov” in its website, or the PM’s Office as its official address.
What is PM CARES?
The PM CARES Fund’s trust deed was registered as a public charitable trust in New Delhi on March 27, 2020 in accordance with the Registration Act, of 1908. A public charitable trust with the name PM CARES Fund was established with the intention of meeting the need for having a dedicated fund with the primary objective of responding to any type of emergency or distress situation, like that posed by the Covid-19 pandemic, and providing relief to the affected.
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