The apex court is set to hear a Public Interest Litigation (PIL) against setting up of the PM CARES Fund by the prime minister amidst the corona pandemic. The petition that has been filed by Advocate M L Sharma would be heard by a bench comprising of Chief Justice S A Bobde, Justices L Nageswara Rao and Justice MM Shantanagoudar via video conferencing.
The Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund) was created on the 28th of March which the primary objective of dealing with the emergency situation created by the pandemic and providing relief to those in distress. It was made open to all citizens to make money donations. While the prime minister is the ex-officio chairman of the fund and the defence, home and finance ministers are its ex-officio trustees.
The main basis for the present petition was it was made open to all citizens to make money donations without any ordinance and gazette notification by the government of India. It stated, “Impugned trust has not either been created by Parliament/state legislator within Art 267. It is neither passed by Parliament nor approved by the President of India. There is no ordinance/gazette notification in this regard,”
The PIL has sought that all the funds in the Fund be transferred to the Consolidated Fund of as the same was formed under Articles 267 and 266(2) of the constitution which deal with the contingency and Consolidated Funds of India.
It also sought a court monitored SIT probe into its formation.
