PM Cares Fund not government: Centre’s affidavit in Delhi HC – Independent Public Charitable Trust does not come under the purview of the Constitution

The Center told the Delhi High Court on Tuesday that the PM Cares Fund has not been created under the Constitution of India, Parliament or any state law. Therefore it cannot be called a public authority. Also said that Independent Public Charitable Trusts do not come under the purview of the Constitution of India.

The trust is neither created nor funded by the government or any government institution, nor does it exercise any control over it. In fact, a bench of Chief Justice Satish Chandra Sharma and Justice Subramaniam Prasad expressed displeasure over a one-page reply filed by the Center in July, after which the government responded in the matter.

Trustees include Union Home Minister and Union Finance Minister
The affidavit further stated that the structure of the Board of Trustees also includes ex-office holders of public office. The PM CARES Board of Trustees includes former Tata Sons chairman Ratan Tata, former Supreme Court judge KT Thomas and former deputy speaker Karia Munda, along with the Union Home Minister and Union Finance Minister.

Senior advocate Shyam Dewan, counsel for the petitioners, said that high functionaries of the government like the Vice-President had requested Rajya Sabha members to take donations. Along with this, PM Care Fund was introduced in the form of government.

PM Cares Fund accepts voluntary donations
The PM CARES Fund is said to be a public charitable trust, which accepts only voluntary donations and not central government businesses. PM CARES Fund does not get funds or finance from the government.

no government funds are deposited
The Center had made similar arguments earlier as well. PM Cares Fund is not a public authority within the purview of section 2(h) of the RTI Act. Further clarifying that no government funds are deposited in the PM Care Fund. It is only unconditional and voluntary.

Earlier, in the affidavit given by the PMO, it was said that the fund of the trust is not the fund of the Government of India. Nor does its amount go to the Consolidated Fund of India.