#PMCaresFund is not a government fund, so contends Pradeep Kumar Srivastava, who is currently serving as an Under Secretary at the Prime Minister’s Office.
But the petitioner has contended that;PM CARES Fund should be viewed as a part of “State” under Article 12 of the Constitution of India in view of the following factors:
It was formed by the Prime Minister of India in March 2020 to extend assistance to the citizens of India in the wake of the public health emergency of COVID-19;
The Trustees of the PM CARES Fund are the Prime Minister, Defence Minister, Home Minister and the Finance Minister of India;
Immediately after the formation of the PM CARES Fund, it was represented that the said Fund is set up and operated by the Government of India.
The representations included Letters written by High Government Functionaries, Notifications/Office Memorandums issued by several ministries / departments, wherein it was clearly stated that the PM CARES Fund has been set up by the Government of India;
These representations also included the use of government resources such as use of ‘.gov.in’ domain name, State Emblem of India and the name ‘Prime Minister’ and its abbreviation on the PM CARES Fund website and in other official and unofficial communications;
The official address of the PM CARES Fund was stated to be the Prime Minister’s Office South Block, New Delhi- 110011;
It was stated that secretarial assistance to the Fund shall be provided by the PMO Officials;
The Government of India “deeply and pervasively” controls the fund, and also provides assistance to the fund by seeking donations on its behalf and, granting it various privileges, exemptions and benefits;
- PM CARES Fund has been established by the Government of India through the PMO;
- PM CARES Fund performs a public function which is similar to government functions;
- PM CARES Fund utilizes the privileges, benefits and exemptions which are reserved for State.
So how come #PMCaresFund is not a government fund?
Can some other minister, say Nitin Gadkari, start a TransportMinisterRoadDevelopmentFund, which is a personal fund and use all the symbols associated with Government of India and use the money himself or at his discretion?