Multi Dimensional Approach To Constitutional Validity Of PM Cares Fund And Comparative Analysis With Other Foreign Laws
Deep Kumar Mohanty & Sanskruti Mohanty, University Law College, Utkal University
ABSTRACT
This manuscript deeply delves into the various objectives of PM cares funds and makes a legal interpretation with the queries and general concerns regarding transparency issues raised by few general citizens who wanted to know the detailed account of how the money collected was being spent for the public during these stressful corona times. It makes a detailed analysis as to whether PM cares fund would fall under the ambit of Right to Information Act, 2005 by a detailed analysis of Sections 2(h) dealing with the ambit of public authority, 2(j) right to access information, Section 4 which includes the right to information along with landmark Supreme Court judgments on each disputed points of law. It tries to maintain a homogeneous correlation between the well cherished fundamental right to access information under Article 19(1)(a), Article 21 and Article 47 and also highlights the importance of the objectives of PM Cares Fund, suggests legal remedies to choose a mid-way to satisfy the intention of PM Cares fund on one hand and to address transparency issues by the inclusion of the relevant recommendations of Law Commission of India Reports on the aforesaid issue and few general recommendations of the authors. Leading International provisions such as Article 19 of Universal Declaration of Human Rights, 1948, Article 19 of International Covenant on Civil and Political Rights to which India is a signatory as well has ratified it has also been mentioned. A comparative analysis of Constitution as well as specific laws like Information and Charitable Acts of Foreign Countries such as South Africa, United States of America, Russia, France, United Kingdom, Germany, New Zealand, Canada and Mexico in the nature of the public charitable trust of PM Cares Fund as per Indian Trusts Act, 1882 and Indian Constitution has also been mentioned.
