CENTRE FOR PUBLIC INTEREST LITIGATION v. UNION OF INDIA

3.4 Firstly, paragraph 5.5 of earlier guidelines which contemplated contributions by any person or institution for the purpose of disaster management to the NDRF are very much still there in the new guidelines, which have come into force with effect from financial year 2015-16. New guidelines contain the same heading, i.e., “Contribution to the NDRF” and guideline 5.2 provides “Funds will be credited into the NDRF in accordance with the provisions of the Section 46(1)(a) & (b) of the Disaster Management Act, 2005.” The above guideline 5.2 specifically referred to Section 46(1)(a) & (b) and Section 46(1)(b) expressly provides that any grants that may be made by any person or institution for the purpose of disaster management shall be credited into the NDRF. The submission that after the new guidelines, it is not possible for any person or institution to make any contribution to the NDRF is, thus, misconceived and incorrect. According to the statutory provisions of Section 46 as well as new guidelines enforced with effect from financial year 2015-16 any person or institution can still make contribution to the NDRF. [Para 61][464-F-H; 465-A]

3.5 Secondly, the PM CARES Fund has been constituted in the year 2020 after outbreak of pandemic COVID-19 whereas the new guidelines came into force with effect from 2015-16, on which date the PM CARES Fund was not in existence, hence, the submission that new guidelines were amended to benefit the PM CARES Fund is wholly misconceived. [Para 62][465-B]

3.6 After issuance of the notification, the Government of India, Ministry of Home Affairs (Disaster Management Division) issued order of 03.04.2020 on the subject: “Advance release of Central share from State Disaster Risk Management Fund (SDRMF) for the year 2020-21”. By the said order the Central Government has released first instalment of Rs. 11,092/- crores out of Rs.22,184/- crores which was the Central Share of SDRMF. All States have been allocated different amounts for the purpose of providing assistance under SDRMF. Annexure to the said notification is at page 161, which indicates that maximum grant allocated was to the State of Maharashtra as Rs.1,611/- crores as first instalment and minimum amount to State of Goa, i.e., A B C D E F G H CENTRE FOR PUBLIC INTEREST LITIGATION v. UNION OF INDIA 433 Rs.6/- crores by the Centre. The notification dated 14.03.2020 clearly permits providing the assistance under SDRMF for COVID-19. In event, any State expenditure is in excess of the balance in the State’s SDRMF, the State is entitled for the release of fund from NDRF as it is clear from new guidelines filed. The submission of the petitioner that NDRF cannot be used for any assistance for COVID-19, thus, cannot be accepted. There is one more aspect of the matter which needs to be noted. When the Centre is providing financial assistance to the State to take measures to contain COVID-19, as this Court has noticed above that by order dated 03.04.2020 first instalment of Rs. 11,092/- crores which is the Central Share to the SDRMF has been given and there is nothing on record that any State has exceeded the expenditure in excess of the balance in the State’s SDRMF, there is no occasion of asking more fund by the State from NDRF. When the Central Government is providing financial assistance to the States to contain COVID-19 it is not for any PIL petitioner to say that Centre should give amount from this fund or that fund. The financial planning is in the domain of the Central Government, which financial planning is made after due deliberation and consideration. This Court thus, does not find any substance in the submission of the petitioner that there is any statutory restriction/prohibition in utilization of NDRF for COVID-19. More so when sub-section (2) of Section 46 specifically provides that NDRF shall be made available to the National Executive Committee to be applied towards meeting the expenses for emergency response, relief and rehabilitation in accordance with the guidelines laid down by the Central Government, the NDRF can be used for containment of COVID-19. [Paras 64 and 65][466- F-H; 467-A-E]

3.7 The guidelines which were issued for constitution and administration of NDRF and State’s SDRMF, the guidelines provided utilization of fund for limited calamities, which did not include any biological and public health emergency. This Court has already noticed Clause 3.1 of guidelines for administration of NDRF, which did not provide for the calamities which cover the biological and public health emergency. Thus, under the guidelines which were in existence with effect from financial year 2015-16 neither NDRF nor SDRF covered the biological and public health A B C D E F G H 434 SUPREME COURT REPORTS [2020] 11 S.C.R. A B C D E F G H emergencies. It was only by notification dated 14.03.2020 that COVID-19 was treated as notified disaster for the purpose of providing assistance under SDRF. Obviously prior to this notification dated 14.03.2020 no contribution by any person or institution in the NDRF could have been made with respect to specified disaster, namely, biological and public health emergency like COVID-19, Outbreak of COVID-19 in India as well as other countries of the World required immediate enhancement in the infrastructure of medical health and creation of fund to contain COVID-19. At this need of the hour no exception can be taken to the constitution of a public charitable trust, namely, PM CARES Fund to have necessary financial resources to meet the emergent situation. [Para 71][468-F-H; 469-A-B]

3.8 The NDRF and PM CARES Fund are two entirely different funds with different object and purpose. In view of the foregoing discussions, the question Nos.3, 4 and 5 are answered in following manner: Answer 3. The Union of India can very well utilize the NDRF for providing assistance in the fight of COVID-19 pandemic by way of releasing fund on the request of the States as per new guidelines. Answer 4. Any contribution, grant of any individual or institution is not prohibited to be credited into the NDRF and it is still open for any person or institution to make contribution to the NDRF in terms of Section 46(1)(b) of the Act, 2005. The contribution by any person or by any institution in PM CARES Fund is voluntary and it is open for any person or institution to make contribution to the PM CARES Fund. Answer 5. The funds collected in the PM CARES Fund are entirely different funds which are funds of a public charitable trust and there is no occasion for issuing any direction to transfer the said funds to the NDRF. [Para 72][469-C-F]