CENTRE FOR PUBLIC INTEREST LITIGATION versus UNION OF INDIA

CENTRE FOR PUBLIC INTEREST LITIGATION versus UNION OF INDIA

The writ petition was dismissed: the National Disaster Management Plan, 2019 already contemplates Biological and Public Health Emergencies including epidemics/pandemics and is supplemented by guidelines and SOPs so no fresh National Plan under s.11 or fresh s.12 guidelines for COVID-19 were required; NDRF can be utilised for COVID-19 and contributions to NDRF remain permissible under s.46(1)(b); PM CARES is a separate public charitable trust and its funds need not be transferred to NDRF.

Parties
Petitioner: Centre for Public Interest Litigation; Respondent: Union of India
Jurisdiction
India
Judgment Date
18 August 2020
Procedural Posture
Writ Petition (civil) No. 546 of 2020 (article 32) / Final Judgment (petition Dismissed)
Outcome
Writ petition dismissed
Legal Topics
National Plan Under Section 11, Disaster Management Act, 2005, Minimum Standards of Relief Under Section 12, National Disaster Response Fund (ndrf) and PM CARES Fund Under Section 46, Use of Statutory Funds and Creation of Public Charitable Trusts
Disaster Management Administrative Law Public Funds/charitable Trusts National Plan Under Section 11, Disaster Management Act, 2005 Minimum Standards of Relief Under Section 12, Disaster Management Act, 2005 National Disaster Response Fund (ndrf) and PM CARES Fund Under Section 46 Use of Statutory Funds and Creation of Public Charitable Trusts

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Parties

Centre for Public Interest Litigation

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) No. 546 of 2020 (article 32) / Final Judgment (petition Dismissed)

Legal Issues

  1. 1 Whether Union is obliged under Section 11 to prepare, notify and implement a National Disaster Management Plan specifically for COVID-19 despite the National Plan notified in November 2019
  2. 2 Whether Union is obliged under Section 12 to lay down fresh minimum standards of relief specifically for COVID-19 despite existing guidelines
  3. 3 Whether Union is obliged to utilise the National Disaster Response Fund (NDRF) under Section 46 for assistance in fighting COVID-19

Ratio Decidendi

The writ petition was dismissed: the National Disaster Management Plan, 2019 already contemplates Biological and Public Health Emergencies including epidemics/pandemics and is supplemented by guidelines and SOPs so no fresh National Plan under s.11 or fresh s.12 guidelines for COVID-19 were required; NDRF can be utilised for COVID-19 and contributions to NDRF remain permissible under s.46(1)(b); PM CARES is a separate public charitable trust and its funds need not be transferred to NDRF.

Court Disposition

Writ petition dismissed

Orders

  • Prayer (a) to direct Union to prepare, notify and implement a fresh National Plan for COVID-19 refused
  • Prayer (b) to direct Union to lay down fresh minimum standards of relief under Section 12 for COVID-19 refused