PM CARES Fund Satisfies All Criteria For Being Declared As 'State': Delhi HC Hears Plea

Divan argued it is our understanding that you cannot have a structure that is exempt from the Constitution.

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New Delhi: The PM CARES Fund satisfies all the criteria for being declared as “State” under Article 12 of the Constitution, the Delhi High Court was on Wednesday informed.

Senior advocate Shyam Divan, appearing for the petitioner, said if the court concludes that PM Cares is not “State”, then it should be restrained from using “Prime Minister”, State emblem, “http://gov.in”, PMO as official address, Bar and Bench reported.

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Divan argued it is our understanding that you cannot have a structure that is exempt from the Constitution.

He added the primary argument is the organization called PM CARES is nothing but “State”.

“Our central point is when you have governmental functionaries, or high governmental functionaries in this case, can they create a structure that is apparently exempt from the Constitution or outside the reach of the Constitution?” Divan told a bench headed by Chief Justice D.N. Patel.

“Or are governmental functionaries obliged to remain within the four corners of the Constitution?” he added.

The senior advocate further said if it is projected to the world at large that PM CARES is governmental in nature, then it is “State” according to us.

Stating “the essence of our system is we have structures for accountability”, Divan said: “Judicial review is absolutely central. There is parliamentary oversight, there is a Comptroller and Auditor General, there are a lot of checks and balances.”

The senior advocate took the High Court bench through several communications made by the Vice President of India, the Defence Ministry and other high government functionaries.

“We are drawing sustenance from each of these communications. They are themselves saying that PM Cares is established under the Govt of India. These are very thoughtfully drafted communications,” he argued, Live Law reported.

The Prime Minister’s Office (PMO) had earlier refused to divulge information about the Fund under the Right to Information Act, 2005.