PM CARES Fund not controlled by Govt, RTI act does not apply: Centre to Delhi High Court

The Prime Minister Office  has notified the Delhi High Court that the PM Cares Fund is not an official government fund. In addition, it states that the Independent Public Charitable Trust is not governed by the Indian Constitution.

“This Trust is neither intended to be or 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," according to an affidavit.

There was also a statement that the Right to Information Act's provisions cannot be applied to PM CARES since the trust is not a "public authority" as defined by Section 2(h)(d).

PMO states unequivocally that the fund is entirely supported by voluntary donations from both people and businesses. No money from the government's or PSUs' budgets or bank accounts may be put into the fund. It's also worth noting that, like other charitable trusts, the fund is free from paying federal income tax.

PMO also emphasises that restrictions on the use of the money are impossible. However, the government's website contains audited records of the same.

“Subsequent audited details of accounts will also be made available on the website, as and when due. Hence, assumptions of the petitioner regarding arbitrariness or non-transparency are devoid of merit," the response states.

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The PMO's response came after Samyak Gangwal filed a petition arguing that the PM CARES Fund qualifies as "State" under Article 12 of the Constitution. Senior Advocate Shyam Divan, who represented the PMO before the High Court, stated that government officials, including the Vice President, had personally asked members of the Rajya Sabha for contributions. He said that the PM Cares Fund is an official government fund and that all the high-ranking officials involved are trustworthy individuals.

The PM CARES Fund was established on April 1, 2020, to gather charitable donations in response to emergency events such as the Covid-19 epidemic.