SC rejects statement against PM CARES Fund | India News
A bank headed by the Chief Justice of the Supreme Court S A Bobde described the PIL presented by lawyer M L Sharma as “misunderstood” and dismissed it in a video conference hearing.
The bank, which was also made up of judges L Nageswara Rao and MM Shantanagoudar, disagreed with the lawyer’s claim that the fund had been created without following the schemes listed in articles 266 and 267 (which deal with the contingency and India’s consolidated funds) of the Constitution.
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On March 28, the Center created the Prime Minister’s Emergency Relief and Citizen Relief Fund (PM CARES) with the main objective of dealing with any type of emergency situation such as the one currently caused by the Covid-19 outbreak and provide help to those affected
The Prime Minister is the ex-officio president of the fund and the defense, interior and finance ministers are its ex-officio trustees.
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“That cause of action arose for the petitioner on March 28, upon receiving a press release for the formation of the contested PM CARES Fund and the call by the Prime Minister of India to donate funds in that trust to fight Covid-19 and assist health care in the future without any ordinance and notification of the bulletin by the Indian government, “said PIL.
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The statement had made all the trustees of the fund, as well as the prime minister’s parties, part of it and had requested a transfer of the donations received so far to the Consolidated Fund of India, in addition to a supervised Special Investigation Team by the court (SIT)) investigate the creation of the fund.
He said that the trust should be created in accordance with articles 267 and 266 (2), dealing with contingency and the Indian Consolidated Funds, of the Constitution.
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“The contested trust has also not been created by Parliament / state legislator under Article 267. It is not approved by Parliament or approved by the President of India. There is no ordinance / gazette notice in this regard,” PIL said.