Prime Minister Narendra Modi addresses other G20 leaders during a virtual summit, in New Delhi. (Photo: ANI) Prime Minister Narendra Modi addresses other G20 leaders during a virtual summit, in New Delhi. (Photo: ANI)

The Supreme Court would hear on Monday a PIL seeking quashing of the central government’s decision of setting up of the PM-CARES Fund, where citizens can donate money to combat the COVID-19 pandemic.

The PIL has sought a transfer of the donation amount received so far for the PM-CARES Fund to the Consolidated Fund of India, and also a court-monitored SIT probe into the setting up of the fund. A three-judge bench comprising Chief Justice S A Bobde and Justices L Nageswara Rao and MM Shantanagoudar would hear the petition filed by lawyer M L Sharma through video conferencing.

“That cause of action arose to the petitioner on March 28, upon having press release for the formation of impugned PM-CARES Fund and appeal by the Prime Minister of India to donate funds in that trust to fight COVID-19 and aid healthcare in future without any ordinance and gazette notification by the Government of India,” the PIL petition said.

The petition claimed that the trust had to be created in accordance with Articles 267 and 266(2), which deal with the contingency and Consolidated Funds of India, of the Constitution.

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“Impugned trust has not either been created by Parliament/state legislator within Art 267. It is neither passed by Parliament nor approved by the President of India. There is no ordinance/gazette notification in this regard,” the PIL said.

The Centre on March 28 set up the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund with an objective to deal with emergency situations like the one currently brought in by the coronavirus pandemic and provide relief to the affected. Donations have poured in ever since, with a number of common people as well as celebrities and politicians contributing to it.

The prime minister is the ex-officio chairperson of the fund while the home, defence and finance ministers are its ex-officio trustees.

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