PIL in High Court: Challenging the validity of PMNRF and PM CARES Fund.

On 19 June 2020, a PIL entitled Diva Pal Singh and ANR. V. Union Of India and ANR. is filed by Adv. Divya Pal Singh and Adv. Anubhav Singh filed the petition in Allahabad High Court challenging the validity of PMNRF and PM CARES Fund.

It has been argued that these funds are contrary to the National Disaster Response Fund(NDRF) of the Concurrent List in the Seventh Schedule of the Indian Constitution clearly highlights that the Government cannot create a Trust by itself.

When NDRF is already been in effect, then the creation of other funds will be questionable. Section72 of the DMA states that the NDRF has an upper edge over the PM-CARES Fund.

Moreover, the NDRF is accountable under the RTI Act, 2005 in comparison to PM-CARES Fund. The Controller and Auditor General of India(CAG) acts as a check on the misuse, abuse of the NDRF, and ensures transparency by annually submitting the Report.

The Petitioners pray that the PM-CARES Fund shall fall within the ambit of CAG and all the details of the funds, the trust shall be made public for ensuring transparency and accountability.