PM Care Not to be merged with NDRF. The Supreme Court of India today pronounced an iconic verdict on PM Cares fund. The verdict states that the PM Cares fund need not be merged with the NDRF (National Disaster Relief fund). Earlier a public interest litigation was moved in the Supreme Court by Prasanth Bhushan. The litigation demanded PM Cares fund to be merged with the NDRF. The Central Government was represented at the Supreme Court by the Solicitor General Thushar Mehtha. Mehtha pleaded that the fund merging plan cannot be legally allowed quoting Article 32. He stated that all funds except those funds mentioned under Section 46 of the special DM Act of 2005 should be considered distinct and separate. The court analyzed the argument and found it correct.
Why PM Cares is Different ?
The Apex court stated that PM Cares is a valid Public Charitable fund. The court ruled that PM Care not to be Merged with NDRF. Both are clearly separate funds and should be considered separately. However, people and general public are free to donate money to any of these funds. PM Cares is presently doing fund raising as a charitable trust. People who have faith in that trust can offer money to the PM Cares fund. It was common logic that court cannot give a ruling to merge different funds. The funds of a charitable trust should be transferred to NDRF. Both these are different entities.
PM Cares vs PMNRF
Prime minister as well as any citizen of India can legally constitute Charitable trusts and can-do charity based on the funds received. Earlier there were allegations about PM Modi not using the PMNRF (Prime minister’s National Relief Fund). The PMNRF was constituted in 1948 by the then prime minister Jawaharlal Nehru. The committee managing the fund was headed by the Prime minister, the deputy Prime minister, the union finance Minister, A nominee by the Tata Trust, A representative nominated by the commerce fraternity and FICCI and it included another permanent member. It is none other than the President of the Indian National Congress party. Many people who demonstrate against the PM Cares fund and advocates PMNRF doesn’t know the reality about both funds.
Jawaharlal Nehru might have believed that congress will rule India for ever. Anyway, when PM Modi Became the prime minister of India, He had other plans. PM Modi has the same right that allowed Jawaharlal Nehru to launch the PMNRF. PM Modi launched the PM Cares fund which is a charitable trust devoid of the president of Congress party. Moreover, the brand value of PM Modi is the reason for enormous fund flow in to the PM Cares funds. This won’t be effective with the old PMNRF.
SC on Disaster Management Plan
In the verdict the Supreme Court also stated that the Disaster Management plan already implemented by the government is enough to tackle the Covid19 scenario. The court commended that there is no need to develop a new plan for managing the situation. The litigation was filed at the supreme court by an NGO organization named “Centre for Public Interest Litigation.” The litigation reached the court through senior advocate, Prasanth Bhushan. In another incident, Prashanth Bhushan was found guilty for contempt of court for posting defamatory tweets against the judiciary. The verdict by the supreme court on the PM Care Not to be Merged with NDRF, is a severe blow on the face of the opposition as they were making baseless allegations against the accountability of PM Cares fund.