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The Delhi High Court today sought the Centre’s response on a plea to declare the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund a "State" under Article 12 of the Constitution of India.

A division bench of Chief Justice DN Patel and Justice Jyoti Singh has asked the Centre to file a reply within a week and listed the matter for next hearing on Sep 13.

Sr. Adv. Shyam Divan appearing for petitioner Samyak Gangwal submitted that through the instant petition, the petitioner had "no intention of attributing or even alleging any wrongdoing whatsoever on the part of the present Ex-Officio Trustees of the PM CARES Fund." 

However, since the PM CARES Fund's Trustees are "high government functionaries, it is essential that checks and balances envisioned in Part III of the Constitution are put in the place on the functioning of the Fund to extinguish any chance of an allegation of quid pro quo”.

Divan further stated that if the Government is not willing to recognize the PM Cares Fund as State under Art. 12, a direction may be made to the Centre to publicise that the PM CARES Fund is not a fund of the Government of India and to restrain PM CARES from using 'Prime Minister of India' or 'Prime Minister', including its abbreviations and its name, on its website, Trust Deed and other official or unofficial communications and advertisements.

The petition filed by one Samyak Gangwal says that “PM CARES Fund performs a public function, which is similar to government functions. It utilises the privileges, benefits and exemptions which are reserved for the state.” Therefore, Gangwal argues, “It is unimaginable that a fund, which has been set up by the Prime Minister of India, has been declared to be a fund over which there is no government control.”

Art. 12 of the Constitution of India reads thus, “Definition in this part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.”

Fundamental rights under Part III of the Constitution of India can be enforced under authorities under Art. 12.

[Edited by Shreya Agarwal]

Case Title: Samyak Gangwal vs CPIO, PMO