Plea Filed In Allahabad HC Challenging Constitutional Validity Of PMNRF And PMCARES Fund [Read Petition]
4 years, 9 months ago

Plea Filed In Allahabad HC Challenging Constitutional Validity Of PMNRF And PMCARES Fund [Read Petition]

Live Law  

A PIL has been filed before the Allahabad High Court, challenging the constitutional validity of the PM National Relief Fund and the PM CARES Fund. The petition has been filed by two practicing Advocates of the High Court, Divya Pal Singh and Anubhav Singh, stating that the PMNRF and PM-CARES are unconstitutional and void, for not being backed by any law and for being at odds with the National Disaster Response Fund, which was constituted by the Central Government under Section 46 of the Disaster Management Act, 2005. "Manifestly, the Constitutional Mandate for creating a trust by making a law is an implicit, mandatory and binding prohibition on the power of the Central Government or Prime Minister to create a non-statutory express trust, opaque in nature, to collect money from institutions and public generally during outbreak of disaster, while, there is a statutory fund, already in place for the same purpose constituted by the Central Govt. Inter alia, the Petitioners assert that the NDRF is audited by the CAG and is subject to the Right to Information Act, and it is therefore more transparent when compared to the PM CARES Fund. The Petitioners therefore seek as an alternative prayer that the accounts of the PMCARES Fund be directly audited by the CAG and, full accounts, activities and expenditure details, along with the Trust-Deed of the PMCARES Fund be made public, desirably by publishing the said details on the Government website.

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History of this topic

"Centre Misled Court By Blatant Lies": Plea In Supreme Court Challenges Constitutionality Of PM CARES & PMNRF
3 years, 7 months ago

"Centre Misled Court By Blatant Lies": Plea In Supreme Court Challenges Constitutionality Of PM CARES & PMNRF

Live Law  

A Special Leave Petition has been filed before the Supreme Court against the dismissal of a PIL by the Allahabad High Court which challenged the validity of the PM Cares Fund and Prime Minister's National Relief Fund in light of the Disaster Management Act, 2005. The SLP notes that the High Court was misled to conclude that PMCARES Fund does …

Plea In Allahabad HC Questions Legality Of PM CARES
4 years, 7 months ago

Plea In Allahabad HC Questions Legality Of PM CARES

Live Law  

In the backdrop of the recent Supreme Court verdict declining to transfer the funds from PM CARES to National Disaster Response Fund, a supplementary affidavit has been filed before the Allahabad High Court to 'delimit the scope and field' of a plea filed before it challenging the constitutional validity of PM National Relief Fund and the PM CARES Fund. SC …

Bombay HC dismisses plea seeking declaration of PM CARES funds
4 years, 7 months ago

Bombay HC dismisses plea seeking declaration of PM CARES funds

Live Mint  

Nagpur: The Nagpur bench of Bombay High Court on Thursday dismissed a PIL seeking declaration of funds received by the Prime Minister's Citizens Assistance and Relief in Emergency Situation, a charitable trust created by the Union government amid the COVID-19 pandemic. All reliefs sought in the plea are refused, a division bench of Justices Sunil Shukre and Anil Kilor said …

No transfer of money from PM CARES to disaster relief fund: SC
4 years, 7 months ago

No transfer of money from PM CARES to disaster relief fund: SC

Live Mint  

NEW DELHI: The Supreme Court on Monday rejected a plea seeking directions to transfer money from PM CARES Fund, created to tackle the covid-19 crisis, to the National Disaster Relief Fund. The bench headed by Ashok Bhushan formulated five questions with respect to the plea, including whether the Centre can set up separate funds despite NDRF in place and whether …

[COVID-19] Centre for Public Interest Litigation Moves SC For Preparation Of National Relief Plan; Seeks Utilization Of NDRF Instead Of PM CARES Fund
4 years, 9 months ago

[COVID-19] Centre for Public Interest Litigation Moves SC For Preparation Of National Relief Plan; Seeks Utilization Of NDRF Instead Of PM CARES Fund

Live Law  

The Centre for Public Interest Litigation, through their counsel Advocate Prashant Bhushan, has moved Supreme Court seeking implementation of a 'National Plan' for combating the crisis created by the Covid-19 pandemic. The Petitioner-organization has also sought that the entire assistance program should be administered with the aid of National Disaster Response Force Fund and all the contributions/ grants received for …

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