The NDRF and PM CARES Fund are two entirely different funds with different object and purpose. In view of the foregoing discussions, we answer question Nos.3, 4 and 5 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 74 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. 73. In view of the foregoing discussions, the prayer ‘a’ and ‘b’ made in the writ petition are refused. With respect to prayer ‘c’, we make it clear (i) that there is no statutory prohibition for the Union of India utilizing the NDRF for providing assistance in the fight of COVID-19 in accordance with the guidelines issued for administration of NDRF; (ii) there is no statutory prohibition in making any contribution by any person or institution in the NDRF as per Section 46(1)(b)of the Act, 2005. 75 74. The prayer of the petitioner to direct all the funds collected in the PM CARES Fund till date to be transferred to the NDRF is refused. 75. Subject to clarification of law as made above, the writ petition is dismissed.

1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO.546 OF 2020
CENTRE FOR PUBLIC
INTEREST LITIGATION ...PETITIONER(S)
VERSUS
UNION OF INDIA ...RESPONDENT(S)
J U D G M E N T
ASHOK BHUSHAN, J.
From the beginning of this year, 2020, the world
including our country is in the grip of a pandemic
known as Novel Coronavirus (COVID-19). On
31.12.2019, a cluster of cases of pneumonia of
unknown cause in the city of Wuhan, Hubei Province in
China was reported to the World Health Organisation
(WHO). This was subsequently identified as a new
virus in January, 2020 and over the following months,
the number of cases continued to rise but were not
2
contained to China and showed exponential growth
worldwide. Due to the global rise in cases, this was
declared a pandemic on 11.03.2020 by the WHO. The
number of affected persons is increasing worldwide.
Although, substantial population is also recovering
from it but India witnessed exponential growth in
number of cases in the last month.
2. The world is familiar with several kinds of
disasters from time immemorial. Every country has
faced one or other disaster in recent memory.
Disasters disturb lives, societies and livelihood
around the world. The impact of disaster is to
strike hard earned economy, development and material
gains. Many of the destructive hazards are natural
in origin and some man made also. The whole world
having faced adverse effect of different kinds of
disasters is now well aware of its ill effect and
steps internationally as well as nationally are being
taken for last several decades to combat different
3
kinds of disasters. U.N. General Assembly
recognizing the importance of reducing the impact of
natural disaster for all people including developing
countries designated 1990 as the international decade
of natural disaster reduction. The International
Strategy for Disaster Reduction (UNISDR) was
established following IDNDR of the 1990s. The UN/GA
convened the second World Conference on Disaster Risk
Reduction (DRR) in Kobe, Hyogo, Japan 2005, which
concluded the review of the Yokohama Strategy and its
Plan of Action and the adoption of the Hyogo
Framework for Action 2005–2015: Building the
Resilience of Nations and Communities to Disasters
(HFA) (UNISDR 2005) by 168 countries. The HFA
outlined five priorities for action:
“(1) Ensure that DRR is a national and a
local priority with a strong
institutional basis for
implementation;
(2) Identify, assess, and monitor disaster
risks and enhance early warning;
4
(3) Use knowledge, innovation, and
education to build a culture of safety
and resilience at all levels;
(4) Reduce the underlying risk factors;
(5) Strengthen disaster preparedness for
effective response at all levels.”
3. On 23.12.2005, both the Houses of Indian Parliament
passed a Disaster Management Bill. The Introduction
and the Statement of Objects and Reasons of the Bill
mentions: -
“INTRODUCTION
For prevention and mitigation effects
of disasters and for undertaking a
holistic, coordinated and prompt response
to any disaster situation it has been
decided by the Government to enact a law
on disaster management to provide for
requisite institutional mechanisms for
drawing up and monitoring the
implementation of the disaster management
plans, ensuring measures by various wings
of Government. To achieve this objective
the Disaster Management Bill was
introduced in the Parliament.
STATEMENT OF OBJECTS AND REASONS
The Government have decided to enact a
law on disaster management to provide for
requisite institutional mechanisms for
drawing up and monitoring the
5
implementation of the disaster management
plans, ensuring measures by various wings
of Government for prevention and
mitigating effects of disasters and for
undertaking a holistic, coordinated and
prompt response to any disaster
situation.”
4. The Disaster Management Act, 2005 (hereinafter
referred to as “Act, 2005”) was enacted to provide
for the effective management of disasters and
matters connected therewith or incidental thereto.
The enactment of Disaster Management Act, 2005 was
to bring in place requisite institutional
mechanisms for drawing up and monitoring the
implementation of the Disaster Management Plans
and other measures by various wings of the
Government for preventing and mitigating effects
of disasters. We shall notice the relevant
provisions of the Act a little later.
5. In accord with Disaster Management Act, 2005, Union
Cabinet approved a “National Policy on Disaster
6
Management, 2009”. Paragraph 1.1.1, 1.2.1 and 1.3.1
of the policy reads as under: -
“1.1.1 Disasters disrupt progress and
destroy the hard-earned fruits of
painstaking developmental efforts, often
pushing nations, in quest for progress,
back by several decades. Thus, efficient
management of disasters, rather than mere
response to their occurrence, has in
recent times, received increased attention
both within India and abroad. This is as
much a result of the recognition of the
increasing frequency and intensity of
disasters, as it is an acknowledgement
that good governance in a caring and
civilised society, needs to deal
effectively with the devastating impact of
disasters.
1.2.1 India is vulnerable, in varying
degrees, to a large number of natural as
well as man-made disasters. 58.6 per cent
of the landmass is prone to earthquakes of
moderate to very high intensity; over 40
million hectares (12 per cent of land) is
prone to floods and river erosion; of the
7,516 km long coastline, close to 5,700 km
is prone to cyclones and tsunamis; 68 per
cent of the cultivable area is vulnerable
to drought and hilly areas are at risk
from landslides and avalanches.
Vulnerability to disasters/emergencies of
Chemical, Biological, Radiological and
Nuclear (CBRN) origin also exists.
Heightened vulnerabilities to disaster
risks can be related to expanding
population, urbanisation and
industrialisation, development within
7
high-risk zones, environmental degradation
and climate change (Maps 1–4).
1.3.1 On 23 December 2005, the Government
of India (GoI) took a defining step by
enacting the Disaster Management Act,
2005, (hereinafter referred to as the Act)
which envisaged the creation of the
National Disaster Management Authority
(NDMA), headed by the Prime Minister,
State Disaster Management Authorities
(SDMAs) headed by the Chief Ministers, and
District Disaster Management Authorities
(DDMAs) headed by the District Collector
or District Magistrate or Deputy
Commissioner as the case may be, to
spearhead and adopt a holistic and
integrated approach to DM. There will be a
paradigm shift, from the erstwhile reliefcentric response to a proactive
prevention, mitigation and preparednessdriven approach for conserving
developmental gains and to minimise loss
of life, livelihood and property.”
The policy noticed institutional framework under
the Act, dealt with financial arrangement, disaster
prevention, mitigation and preparedness.
6. Third U.N. World Conference on Disaster Risk
Reduction was held in March, 2015 at Sendai, Japan.
One of the declarations made in the conference was: -
8
“We, the Heads of State and Government,
ministers and delegates participating in
the Third United Nations World Conference
on Disaster Risk Reduction, have gathered
from 14 to 18 March 2015 in Sendai City of
Miyagi Prefecture in Japan, which has
demonstrated a vibrant recovery from the
Great East Japan Earthquake in March 2011.
Recognizing the increasing impact of
disasters and their complexity in many
parts of the world, we declare our
determination to enhance our efforts to
strengthen disaster risk reduction to
reduce disaster losses of lives and assets
from disasters worldwide.”
7. The Sendai declaration dealing with priorities for
action emphasized following in paragraph 33(a):-
”33(a) To prepare or review and
periodically update disaster
preparedness and contingency
policies, plans and programmes with
the involvement of the relevant
institutions, considering climate
change scenarios and their impact
on disaster risk, and facilitating,
as appropriate, the participation
of all sectors and relevant
stakeholders;”
8. Although Section 11 of Act, 2005 contemplated
preparation of a National Plan, however, the National
Plan was not prepared till the year 2016 as was
9
noticed by this Court in a judgment of this Court in
Swaraj Abhiyan Vs. Union of India & Ors., (2016) 7
SCC 498. In the year 2016, National Disaster
Management Plan was prepared as required by Section
11 of the Act, 2005. The preparation of the
National Plan under Section 11 was noticed by this
Court in Gaurav Kumar Bansal Vs. Union of India and
Ors., (2017) 6 SCC 730. In the same judgment, this
Court noticed that State Plan under Section 23 of the
Act (except by two States) and District Plan have
also been prepared. The preparation of National
Plan, State Plan and District Plan were noticed in
paragraphs 7, 11 and 12 of the above judgment, which
are to the following effect:-
“7. It was further pointed out that a
National Plan has been approved and placed
on the website of the NDMA in terms of
Section 11 of the Act and the guidelines
for minimum standards of relief Under
Section 12 of the Act have also been
placed on the website of the NDMA.
11. As far as the preparation of the State
Plan Under Section 23 of the Act is
concerned, we have been informed by the
learned Counsel for NDMA that all States
10
except Andhra Pradesh and Telangana have
prepared a State Disaster Management Plan
which is very much in place.
12. As far as the districts are concerned,
it is stated that the District Disaster
Management Authority has been constituted
in every district Under Section 25 of the
Act and out of 684 districts in the
country, a District Disaster Management
Plan is in place in 615 districts while it
is under process in the remaining
districts.”
9. The revision of the existing National Disaster
Management Plan, 2016 began in April, 2017 and
completed in November, 2019. The National Disaster
Management Plan approved by National Disaster
Management Authority was notified in November, 2019.
10. This writ petition filed as a public interest
litigation has been filed in the wake of Covid-19
pandemic, seeking direction to the Union of India to
prepare, notify and implement a National Plan under
Section 11 read with Section 10 of the Act, 2005 to
deal with current pandemic (Covid-19) and to lay down
11
minimum standards of relief under Section 12 of the
Act, 2005 to be provided to persons affected with
COVID-19. Petitioners have also sought for
directions to utilize National Disaster Response Fund
(NDRF) for the purposes of providing assistance in
the fight against COVID-19 and all the
contributions/grants from individuals/institutions be
credited in NDRF and not to PM CARES Fund and all
funds collected in PM CARES Fund till date should be
directed to be transferred to NDRF. It is useful to
note the specific prayers (a) to (c) made in the writ
petition: -
“a. Issue a writ, order or direction to
the Union of India to prepare, notify
and implement a National Plan under
Section 11 read with Section 10 of the
Disaster Management Act, 2005 to deal
with the ongoing COVID-19 pandemic;
b. Issue a writ, order or direction to
the Union of India to lay down minimum
standards of relief, under Section 12
of the Disaster Management Act, 2005,
to be provided to persons affected by
the COVID-19 virus, as well as by the
resultant national lockdown;
12
c. Issue a writ, order or direction to
the Union of India to utilize NDRF for
the purpose of providing assistance in
the fight against GOVID-19 pandemic in
compliance with Section 46 of the DM
Act, all the contributions/grants from
individuals and institutions shall be
credited to the NDRF in terms of
Section 46(1)(b) rather than to PM
CARES Fund and all the fund collected
in the PM CARES Fund till date may be
directed to be transferred to the
NDRF;”
11. We have heard Shri Dushyant Dave, learned senior
counsel for the petitioner. Shri Kapil Sibal has
also made his submissions in support of the prayers
and issues raised in the writ petition while
addressing his submissions in Suo Moto Writ Petition
No. 6 of 2020. We have also heard Shri Tushar Mehta,
learned Solicitor General appearing for the Union of
India.
12. Petitioner’s case in the writ petition is that
the National Plan uploaded on the website of National
Disaster Management Authority of the year 2019 does
not deal with situations arising out of the current
13
pandemic and has no mention of measures like
lockdown, containment zones, social distancing etc.
The Central Government has notified COVID-19 as a
“disaster” under Act, 2005 and has issued series of
notifications to contain the instant pandemic.
Petitioner pleads that Centre need to prepare a welldrawn National Plan to deal with instant pandemic and
the same need to be prepared after due consultation
with the State Government and experts. Petitioner
further pleads that Centre should come up with
detailed guidelines recommending the minimum
standards of relief to be provided in the relief
camps in relation to shelter, food, drinking water,
medical cover and sanitation, in absence of which,
shelter homes and relief camps are susceptible of
becoming hotbeds for the spread of COVID-19
infection. Petitioner pleads that Centre should come
up with detailed guidelines under Section 12(ii) and
(iii) of the Act, 2005 recommending special
provisions to be made for widows and orphans and ex
14
gratia to be provided to the kith and kin of those
losing life not just because of COVID-19 infection
but also due to harsh lockdown restrictions.
13. The petitioner’s case further is that the
grants/contributions by individuals and institutions
should be credited into the National Disaster
Response Fund (NDRF) under Section 46 of the Act,
2005 and NDRF should be utilized for meeting the
ongoing COVID-19 crisis. All the contributions made
by the individuals and institutions in relation to
COVID-19 are being credited into the PM CARES Fund
and not in NDRF, which is clear violation of Section
46 of the Act, 2005. The NDRF is subject to CAG
Audit and PM CARES Fund is not subject to CAG Audit.
Petitioner’s case further is that the Centre may be
directed to utilize NDRF for the purpose of drawing
assistance to fight against COVID-19 and all the
contributions/grants from individuals and
institutions be credited to the NDRF in terms of
15
Section 46(1)(b) rather than to PM CARES Fund and all
the Fund Collected in the PM CARES Fund till date may
be directed to be transferred to the NDRF.
14. A preliminary counter affidavit has been filed on
behalf of the Union of India. In the counter
affidavit, the respondents have questioned the locus
of the petitioner to file this public interest
litigation. Counter affidavit questions as to
whether there can be a permanent body set up only to
file litigation on issues, which the said body
subjectively considers to be of “public interest”.
Counter affidavit pleads that National Disaster
Management Plan as per Section 11 is already in place
and relevant portion of National Disaster Management
Plan – November, 2019 has been annexed as Annexure R1 to the counter affidavit. Counter affidavit pleads
that Act, 2005 provides for a broad framework in
terms of the response to be provided in pursuance to
a National Plan in case of any disaster. Counter
affidavit pleads that National Plan does not and
16
cannot contain step by step instructions or specific
instructions for the day to day management by
Government agencies in the situation of any
particular and unforeseen disaster. National Plan is
not a document that contains the microscopic details
as to the day to day management of the issues arising
out of different disasters. National Disaster
Management Authority has issued various orders from
time to time to take effective measures found
required at the relevant point of time to contain the
spread of COVID-19 in the country. The Chairperson
of National Executive Committee has issued several
guidelines from time to time. National Disaster
Management Authority has, in order to create
preparedness with regard to any contingent biological
disaster, has framed the “National Disaster
Management Guidelines Management of Biological
Disasters”. National Disaster Management Authority
has framed broad template for State level and
District level for contingency plan for COVID-19.
17
The Nodal Ministry, i.e., Ministry of Health and
Family Welfare has issued a “Cluster Containment Plan
for COVID-19” on 02.03.2020, which was further
updated on 16.05.2020. Further instructions have
been issued from time to time including the guidance
documents. The Ministry of Health and Family Welfare
has approved the India COVID-19 Emergency Response
and Health Systems Preparedness Package of Rs.15000
crores, which seeks to support States/Union
Territories in various aspects of management of the
COVID Pandemic and provides support for establishment
of COVID dedicated facilities for treatment of COVID19 cases including for critical care, enhancement in
testing capacities, engagement and training of
necessary human resources and procurement of
essential equipment and protective gear for the
health care personnel engaged in COVID-19 duties etc.
With regard to minimum standards of relief, the
counter affidavit refers and relies on guidelines on
Minimum Standards of Relief under Section 12, which
18
has been brought on record as Annexure R-7. The
Counter affidavit also outlines various steps taken
by Health Ministry as well as the Government of
India.
15. Replying the averments in the writ petition
regarding PM CARES Fund and NDRF, the counter
affidavit pleads that there are several funds which
are either established earlier or now for carrying
out various relief works. PM CARES Fund is one of
such funds with voluntary donations. Affidavit
further states that there exist a NDRF which would
not prohibit creation of a different fund like PM
CARES fund which provides for voluntary donations.
The directions prayed in the writ petition for
transfer of funds received in PM CARES Fund in the
NDRF are non-maintainable.
16. Shri Dushyant Dave, learned senior counsel
appearing for the petitioner referring to the
pleadings of the petitioner made in the writ petition
19
contends that Centre was obliged to prepare a
National Plan for Disaster Management specifically
for COVID-19. Shri Dave does not dispute that
National Plan under Section 11 has been framed in
November, 2019 but he submits that said Plan is
neither comprehensive nor covers management of
pandemic, i.e., COVID-19. Shri Dave submits that
power given in a Statute is to be exercised in the
same manner. Shri Dave further submits that there is
a serious problem in implementing the National Plan,
2019. Shri Dave has taken us to certain portion of
Plan of November, 2019, which has been filed as
Annexure – P-2 to the writ petition. Shri Dave
submits that only paragraph 7.15 deals with
biological and public health emergencies but Plan
does not contemplate giving any financial relief.
Shri Dave submits that unless there is a National
Plan for COVID-19, effective measures cannot be taken
to contain COVID-19. Referring to Section 46 of the
Act, 2005, Shri Dave submits that NDRF having been
20
constituted by Central Government, all amount given
by individuals and organisations for disaster should
have been credited in NDRF. He submits that PM CARES
Fund should not have been constituted when NDRF is
already in place to take care of disasters. Shri
Dave submits that there is no provision in 2019 Plan
to give fund to NDRF. Referring to Operational
Guidelines for Constitution and Administration of the
National Disaster Response Fund at page 129 of the
writ petition, Shri Dave submits that paragraph 5.5
provides that contribution made by the persons or
institutions for the purpose of disaster management
to be credited in the NDRF, which clause 5.5 has been
omitted in the subsequent Operational Guidelines for
Constitution and Administration of the National
Disaster Response Fund filed at page 154, which is
recent guidelines. By deletion of clause 5.5 now
contribution by any person or institution for the
purpose of disaster management to the NDRF is not
permissible. Shri Dave submits that petitioners have
21
no reason to doubt the bonafide of PM CARES Fund but
by creating PM CARES Fund the NDRF is being
circumvented. What cannot be done directly cannot be
done indirectly. Although, NDRF is audited by CAG,
the PM CARES Fund is audited by only private
auditors.
17. Shri Tushar Mehta, learned Solicitor General
refuting the submissions of the counsel for the
petitioners submits that reliefs (i) and (ii) made in
the writ petition has become infructuous since
National Plan has already been prepared under Section
11, which has been referred to in the counter
affidavit and relevant extract of the Plan has
already been brought on record as Annexure R-1 along
with counter affidavit. He submits that insofar as
the guidelines for minimum standards of reliefs are
concerned, there are guidelines in existence, which
has been brought on record by the counter affidavit,
which covers all disasters including COVID-19. Shri
22
Mehta submits that Plan – November, 2019 along with
the powers given in the Act, 2005 contains several
measures to contain the spread of COVID-19 and no
separate National Plan is required for COVID-19.
18. Shri Tushar Mehta submits that a National
Disaster Response Fund has been created as stipulated
under Section 46 of Act, 2005, which consist of fund
in the form of budgetary provisions made by the
Central Government in National Disaster Response
Fund. He submits that the existence of National
Disaster Response Fund, which is a statutory fund,
neither prevents creation of any public charitable
trust receiving voluntary donation nor can remotely
mean that the amount received in all such voluntary
funds should go in the statutory fund created under
Section 46. National Disaster Response Fund and PM
CARES Fund being distinct and separate, there is no
occasion for any direction to transfer the amount of
PM CARES Fund to the National Disaster Response Fund.
23
19. We have heard the learned counsel for the parties
and perused the record. Applications for intervention
are rejected.
20. The respondent in its affidavit has raised
contention/objection regarding the locus standi of
the petitioner. It is, inter alia, contended that
there cannot be a permanent body existing only for
filing public interest litigations. Shri Tushar
Mehta, learned Solicitor General, however, pointed
out that at the outset, in the facts of the present
case, he would rather like to assist the Hon’ble
court on merits and requested that the question of
locus standi of the petitioner which, according to
him is a very serious question, be left open to be
raised and decided in other proceedings. We have,
therefore, heard the parties on merits, keeping the
aforesaid question open, to be heard and decided in
an appropriate proceeding.
24
21. From the submissions of the learned counsel for
the parties and the pleadings on record, following
questions arise for consideration in this writ
petition: -
I) Whether the Union of India under Section 11 of
Act, 2005, is obliged to prepare, notify and
implement a National Disaster Management Plan
specifically for pandemic COVID-19
irrespective of National Disaster Management
Plan notified in November, 2019?
II) Whether the Union of India is obliged to lay
down the minimum standards of relief under
Section 12 of Act, 2005, for COVID-19
irrespective of earlier guidelines issued
under Section 12 of the Act, 2005 laying down
the minimum standards of relief?
III) Whether Union of India is obliged to utilise
National Disaster Response Fund created under
25
Section 46 of the Act for the purpose of
providing assistance in the fight of COVID-19?
IV) Whether all the contributions/grants from
individuals and institutions should be
credited to the NDRF in terms of Section 46(1)
(b) of the Act rather than to PM CARES Fund?
V) Whether all the funds collected in the PM CARES
Fund till date be directed to be transferred to
the NDRF?
QUESTION NO.I
I) Whether the Union of India under Section 11 of
Act, 2005, is obliged to prepare, notify and
implement a National Disaster Management Plan
specifically for pandemic COVID-19 irrespective
of National Disaster Management Plan notified in
November, 2019?
22. The Act, 2005, has been enacted for the effective
management of Disasters and for matters connected
therewith or incidental thereto. Section 3 of the
Act constitutes National Disaster Management
Authority with the Prime Minister of India as the
26
Chairperson, ex-officio. Section 6 enumerates the
powers and functions of National Authority. As per
Section 6 sub-Section (2)(b), National Disaster
Management Authority (hereinafter referred to as
National Authority) is to approve the National Plan.
Under Section 7, the National Authority may
constitute an advisory Committee consisting of
experts in the field of Disaster Management to make
recommendations on different aspects of Disaster
Management. Under Section 8, the Central Government
is to constitute a National Executive Committee to
assist the National Authority in the performance of
its functions under the Act. Section 11 of the Act
deals with National Plan, which provision is to the
following effect: -
 “11. National Plan –(1) There shall be
drawn up a plan for disaster management
for the whole of the country to be called
the National Plan.
(2) The National Plan shall be
prepared by the National Executive
Committee having regard to the National
Policy and in consultation with the State
Governments and expert bodies or
27
organizations in the field of disaster
management to be approved by the National
Authority.
(3) The National Plan shall include –
(a) measures to be taken for
the prevention of disasters,
or the mitigation of their
effects;
(b) measures to be taken for
the integration of mitigation
measures in the development
plans;
(c) measures to be taken for
preparedness and capacity
building to effectively
respond to any threatening
disaster situations or
disaster;
(d) roles and responsibilities
of different Ministries or
Departments of the Government
of India in respect of
measures specified in clauses
(a), (b) and (c).
(4) The National Plan shall be
reviewed and updated annually.
(5) Appropriate provisions shall be
made by the Central Government for
financing the measures to be carried out
under the National Plan.
(6) Copies of the National Plan
referred to in sub-sections (2) and (4)
shall be made available to the Ministries
or Departments of the Government of India
28
and such Ministries or Departments shall
draw up their own plans in accordance with
National Plan.”

23. As noted above, the first National Plan under
Section 11 was framed in the year 2016, which was
revised and the National Plan was prepared and
notified in November, 2019. Extract of National
Disaster Management Plan of November, 2019 has been
brought on record both by the petitioner as
Annexure-P2 to the writ petition as well as by the
respondent as Annexure-R1 to the preliminary counter
affidavit.
24. We may notice certain relevant portions of the
Plan, 2019 to answer the question which is up for
consideration. The Plan, 2019 under heading
‘Executive Summary’ states: -
“...The National Disaster Management
Plan (NDMP) provides a framework and
direction to the government agencies for
all phases of disaster management cycle.
The NDMP is a “dynamic document” in the
sense that it will be periodically
improved keeping up with the emerging
global best practices and knowledge base
29
in disaster management. It is in
accordance with the provisions of the DM
Act, 2005, the guidance given in the
National Policy on Disaster Management
(NPDM) 2009, and the established national
practices...”
25. In the Executive summary itself, while noticing
the changes introduced, the Plan states that new
sections have been added relating to several hazards
including “Biological and Public Health
Emergencies”. The Plan, 2019 provides a framework
and directions to the Government Agencies for all
phases of Disaster Management. The Plan is a dynamic
document in the sense that it was to be periodically
improved, keeping up with the best practices and
knowledge based in Disaster Management. The Plan
provides a framework covering all aspects of
Disaster Management. It covers Disaster Risk
Reduction, mitigation, preparedness, response,
recovery and building back better. It recognizes
that effective Disaster Management necessitates a
comprehensive framework encompassing multiple
30
hazards. Paragraph 1.4 of the Plan under the heading
‘Legal Mandate’ states: -
“1.4. Legal Mandate
Section 11 of the DM Act 2005 mandates
that there shall be a National Disaster
Management Plan (NDMP) for the whole of
India. The NDMP complies with the National
Policy on Disaster Management (NPDM) of
2009 and conforms to the provisions of the
DM Act making it mandatory for the various
central ministries and departments to have
adequate DM plans. While the NDMP will
pertain to the disaster management for the
whole of the country, the hazard-specific
nodal ministries and departments notified
by the Government of India will prepare
detailed DM plans specific to the disaster
assigned. As per Section 37 of the DM Act,
every ministry and department of the
Government of India, be it hazard-specific
nodal ministries or not, shall prepare
comprehensive DM plans detailing how each
of them will contribute to the national
efforts in the domains of disaster
prevention, preparedness, response, and
recovery.
As per the mandate of the DM Act, the
NDMP assigns specific and general
responsibilities to all ministries and
departments for disaster management. The
DM Act enjoins the NDMP to assign
necessary responsibilities to various
ministries to support and implement the
plan. Therefore, it is incumbent on all
ministries to accept all the implicit and
explicit responsibilities mentioned in the
31
NDMP even if they are beyond what are
explicitly mentioned in the normal rules
of business. Disaster management requires
assumption of responsibilities beyond the
normal functioning. The NDMP will be
complemented by separate contingency
plans, SOPs, manuals, and guidelines at
all levels of the multi-tiered governance
system.”
26. The above part of the Plan categorically states
that the Plan will be complemented by several
contingency plans, Standard Operating Procedures
(SOPs), Manuals and Guidelines at all levels of the
multi-tiered governance system. Paragraph 1.13 deals
with ‘types of Disasters’. Paragraph 1.13.1,
‘Natural Hazards’ have been enumerated in five major
categories. Sub-category (5) is to the following
effect:-
“1.13.1 Natural Hazards
1)...
5)Biological Process or phenomenon
or organic origin or conveyed by
biological vectors, including exposure
to pathogenic micro-organisms, toxins
and bioactive substances that may cause
loss of life, injury, illness or other
health impacts, property damage, loss
of livelihoods and services, social and
32
economic disruption or environmental
damage.”
27. Under Table 1-1, ‘Categories of Natural Hazards’
have been detailed. Item (5) of the Table 1-1 is to
the following effect: -
“Table 1-1: Categories of Natural Hazards
Family Main
Event
Short
Description/
Secondary
Disaster
1 Geophysical
2 Hydrological
3 Meteorological
4 Climatological
5 Biological Exposure to
germs and
toxic
substances
 Epidemics:
Viral,
bacterial
parasitic,
fungal, or
prion
infections
 Insect
infestatio
ns
 Animal
stampedes
28. Table 1-3, provides for ‘Nodal Ministry for
Management/Mitigation of Different Disasters’ with
regard to Biological Emergencies, Nodal Ministry is
33
notified as Ministry of Health and Family
Welfare(MoHFW). Under paragraph 2.2.3.3, Biological
and Public Health Emergencies have been dealt with.
The First paragraph of the above is as follows:-
“...Disasters related to this subgroup are biological emergencies and
epidemics, pest attacks, cattle epidemics
and food poisoning. Biological emergency
is one caused due to natural outbreaks of
epidemics or intentional use of biological
agents (viruses and microorganisms) or
toxins through dissemination of such
agents in ways to harm human population,
food crops and livestock to cause
outbreaks of diseases. This may happen
through natural, accidental, or deliberate
dispersal of such harmful agents into
food, water, air, soil or into plants,
crops, or livestock. Apart from the
natural transnational movement of the
pathogenic organisms, their potential use
as weapons of biological warfare and
bioterrorism has become far more important
now than ever before. Along with nuclear
and chemical agents, many biological
agents are now considered as capable of
causing large-scale mortality and
morbidity...”
29. Paragraphs 6 and 7 deals with “Building Disaster
Resilience - Responsibility Framework, Part A and B”.
Dealing with Biological and Public Health Emergencies
34
in paragraph 7.15, following are the sub-heads under
the paragraph: -
“7.15 Biological and Public Health
Emergencies (BPHE)
7.15.1 Understanding Risk
7.15.2 Inter-Agency Coordination
7.15.3 Investing in DRR–Structural
Measures
7.15.4 Investing in DRR- Non-structural
Measures
7.15.5 Capacity Development
7.15.6 Climate Change Risk Management”
30. A detailed chart has been prepared under
paragraph 7.15 in five parts and it shall be useful
to notice the only first portion of paragraph 7.15.1,
item 1, which is to the following effect: -
“7.15.1 Understanding Risk
Biological & Public Health Emergencies (BPHE)
Sub-Thematic
Area for DRR
Central/State Agencies and their Responsibilities
Centre# Responsibility
- Centre
State# Responsibility
-State
35
1.
Observation
Networks,
Information
Systems,
Monitoring,
Research,
Forecasting,
Early Warning
and
Zoning/Mapping
MHFW*
(NCDC),
MAFW, MHA,
MOD, MOES,
MOEFCC, MOR,
MLBE, MEITY,
NDMA
Recurring/
Regular(RR)
 Support for
training
 Extend
technical
support
Medium Term(T2)
 Establishment
of Early
Warning System
 Strengthening
IDSP and early
warning systems
at regional
levels
 Epidemiological
disease mapping
 Health
facilities
mapping
HFWD*,
DMD$,
SDMA, RD,
DRD, UDD,
DWSD,
EDD, PD,
EFD, AHD,
WCD,
PRI/ULB,
SLRTI,
DDMA
Recurring/
Regular(RR)
Maintaining
preventive
measures as per
norms
Short Term(T1)
Strengthening
integrated health
surveillance
systems
Medium Term(T2)
 Establishing and
maintain
community-based
network for
sharing alerts
 Strengthening
IDSP
Long Term(T3)
States should,
modify or adapt
IMD’s warning
system according
to thresholds
applicable in each
state
31. The other items apart from item (1) as noticed
above in paragraph 7, which are relevant is as
follows:-
Biological & Public Health Emergencies (BPHE)
Sub-Thematic
Area for DRR
Central/State Agencies and their Responsibilities
Centre# Responsibility -
Centre
State# Responsibility
-State
36
2. Hazard Risk
Vulnerability
and Capacity
Assessment
(HRVCA)
MHFW*,
MAFW*, MHA,
MOD, MOES,
MOEFCC,
MSJE, NDMA
Recurring/
Regular (RR)
• Promote studies,
documentation
and research
• Provide Training
& Technical
support
• Studies on
vulnerabilities
and capacities
covering
social,
physical,
economic,
ecological,
gender, social
inclusion and
equity aspects
Short-Term (T1)
Develop guidelines
HFWD,
DMD$,
SDMA,
DRD,
UDD,
DWSD,
EFD,
AHD,
WCD,
DSJE,
PRI,
ULB,
SLRTI,
DDMA
Recurring/
Regular (RR)
 Updating HRVCA
 Identifying
the vulnerable
population/
communities/
settlements
 Identification
of groups
requiring
special
attention
 Conduct audit
of equipment
and hu man
resource
requirements
Short term(T1)
Constitute/
strengthen the
mechanisms for
consultation with
experts and
stakeholders
3 Dissemination
of warnings,
data &
information
MHFW, MHA,
MOD, MOES,
MAFW,
MOEFCC,
NDMA
Recurring/
Regular (RR)
 Support for
organising
training
 Extend technical
support
HFWD*,
DMD$,
SDMA,
DRD,
UDD,
DWSD,
EDD,
PD,
EFD,
AHD,
WCD,
PRI,
ULB,
SLRTI,
DDMA
Short Term (T1)
 Create
awareness
preventive
measures
 Extensive IEC
campaigns to
create
awareness
through print,
electronic and
social media
Medium Term (T2)
Specific messages
for highly
vulnerable groups
such as elderly,
young children,
outdoor workers
and slum
37
residents
4 Disaster Data
Collection
and
Management
MHA* ,
MOSPI, all
ministries/
depts.
Recurring/
Regular (RR)
Systematic data
management of data
on disaster damage
and loss
assessments
Short Term (T1)
Disaster Damage and
Losses 2005-2015
baseline
DMD$,
SDMA,
all
depts.
Recurring/
Regular (RR)
Systematic data
management of
data on disaster
damage and loss
assessments
Short Term (T1)
Disaster Damage
and Losses 2005-
2015 baseline
Notes: (#) Every ministry, department or agency of
the government – central and state – not specifically
mentioned will also have both direct and indirect
supporting role depending on the disaster, location
and context. (*) The ministry, department or agency
with this symbol has or is deemed to have a nodal or
lead role, while others mentioned have a direct or
explicit supporting role. ($) DMD —Disaster
Management Department: The state government
department acting as the nodal department for
disaster management, which is not the same in every
state/UT.
32. Paragraph 7.15.2 deals with inter-agency
coordination in these items. Paragraph 7.15.3 deals
with investing in DRR – Structural measures.
Paragraph 7.15.4 deals with investing in DRR – Nonstructural measures. Paragraph 7.15.5 deals with
capacity development. Paragraph 7.15.6 deals with
climate change risk management. The plan, thus,
38
contains detailed treatment of Biological and Public
Health Emergencies as noticed above, which have been
detailed at pages 117 to 130 of the Annexure-R1 of
the counter affidavit. All aspects of Biological and
Public Health Emergencies have been, thus, dealt in
systematic and planned manner. The Plan of 2019 in
different paragraphs deals with entire framework.
33. The submission which has been pressed by
petitioner is that despite existence of Plan, 2019,
there has to be specific Plan dealing with COVID-19,
hence, Union of India may be directed to prepare a
National Plan under Section 11 for COVID-19. Section
11 of the Act provides that there shall be a plan for
Disaster Management for the whole of the Country.
Sub-Section (3) of Section 11 requires that the
National Plan shall include: -
“11.(3) The National Plan shall include-
(a) measures to be taken for the
prevention of disasters, or the
mitigation of their effects;
39
(b) measures to be taken for the
integration of mitigation measures
in the development plans;
(c) measures to be taken for
preparedness and capacity building
to effectively respond to any
threatening disaster situations or
disaster;
(d) roles and responsibilities of
different Ministries or Departments
of the Government of India in
respect of measures specified in
clauses (a), (b) and (c). ”
34. The object and purpose of preparing a National
Plan is to cope up and tackle with all conceivable
disasters which the country may face. When the
measures have to be taken for preparedness and
capacity building to effectively respond to any
threatening disaster situation, the section does not
contemplate preparation of Plan after a disaster has
occurred.
35. National Plan and guidelines as contemplated by
the statute for Disaster Management is by its very
nature prior to the occurrence of any disaster and as
40
a measure of preparedness. It is not conceivable that
a National Plan would be framed after the disaster
has occurred. A National Plan encompasses and
contemplate all kinds of disasters.
36. As noticed above, Biological and Public Health
Emergencies has already been contemplated in the
National Plan, 2019, which as noticed in table 1-1
under paragraph 1.13.1 specifically includes
epidemics: Viral, Bacterial, Parasitic, Fungal and
prion infections. Novel Coronavirus is an epidemic
which has become a pandemic. Epidemics of different
nature and extent have taken place in this country as
well as other countries of the world. A pandemic is
an epidemic, i.e., spread over multiple countries/
continents. An epidemic, as a disaster has been known
and recognized throughout the world with which most
of the countries are infected time and again. As
noticed above, Plan-2019 is complemented by several
41
plans, Standard Operating Procedures (SOPs), Manuals,
Guidelines at all levels of the Government.
37. The National Disaster Management Authority,
Government of India, had issued National Disaster
Management Guidelines in July, 2008 on subject
“Management of Biological Disasters”. The guideline
specifically notices that “Biological Disasters”
might be caused by epidemics, the guidelines states:-
“Biological disasters might be caused by
epidemics, accidental release of virulent
microorganism(s) or Bioterrorism (BT) with
the use of biological agents such as
anthrax, smallpox, etc. The existence of
infectious diseases has been known among
human communities and civilisations since
the dawn of the history. The Classical
literature of nearly all civilisations
record the ability of major infections to
decimate populations, thwart military
campaigns and unsettle nations. Social
upheavals caused by epidemics have
contributed in shaping history over the
ages...”
38. Thus, the National Disaster Management Authority
was well aware of the epidemics and had issued
42
guidelines in the year 2008 itself which has been
further detailed in Plan-2019. All aspects of the
epidemics, all measures to contain an epidemic,
preparedness, response, mitigation have been
elaborately dealt in Plan, 2019. Unless the National
Plan as contemplated under Section 11 contains all
aspects of disaster including the Biological and
Public Health Emergencies, it will not be possible
for the Governments to immediately respond and
contain an epidemic.
39. The Disaster Management Act, 2005 contain ample
powers and measures, which can be taken by the
National Disaster Management Authority, National
Executive Committee and Central Government to prepare
further plans, guidelines and Standard Operating
Procedure (SOPs), which in respect to COVID-19 have
been done from time to time. Containment Plan for
Novel Coronavirus, 2019 has been issued by Ministry
of Health and Family Welfare, Government of India,
43
copy of which updated up to 16.05.2020 has been
brought on record as Annexure-R4. There are no lack
of guidelines, SOPs and Plan to contain COVID-19, by
Nodal Ministry and Annexure R-6 has been brought on
record issued by Ministry of Health and Family
Welfare, Government of India, i.e., Updated
Containment Plan for Large Outbreaks Novel
Coronavirus Disease, 2019 (COVID-19).
40. National Executive Committee as well as Nodal
Ministry has issued guidelines and orders from time
to time to regulate all measures to contain COVID-19.
The petitioners are not right in their submissions
that there is no sufficient plan to deal with COVID19 pandemic. COVID-19 being a Biological and Public
Health Emergency, which has been specifically covered
by National Plan, 2019, which is supplemented by
various plans, guidelines and measures, there is no
lack or dearth of plans and procedures to deal with
COVID-19.
44
41. We may also notice that this Court in Gaurav
Kumar Bansal Vs. Union of India and Others, (2017) 6
SCC 730, has noticed that National Plan under Section
11 has already been approved by National Disaster
Management Authority. In paragraph 7 of the judgment,
following was laid down: -
“7. It was further pointed out that a
National plan has been approved and placed
on the website of NDMA in terms of Section
11 of the Act and the guidelines for
minimum standards of relief under Section
12 of the Act have also been placed on the
website of NDMA.”
42. In view of above discussion, we do not find any
merit in the claim of the petitioner that Union of
India be directed to prepare a National Plan under
Section 11 for COVID-19. National Plan, 2019 have
already been there in place supplemented by various
orders and measures taken by competent authorities
under Disaster Management Act, 2005, there is no
occasion or need to issue any direction to Union of
45
India to prepare a fresh National Plan for COVID-19.
We, thus, hold that Union of India is not obliged to
prepare, notify and implement a fresh National
Disaster Management Plan for COVID-19.
QUESTION NO.II
II) Whether the Union of India was obliged to lay
down the minimum standards of relief under
Section 12 of Act, 2005, for COVID-19
irrespective of earlier guidelines issued under
Section 12 of the Act laying down the minimum
standards of relief?
43. Section 12 of the Act, deals with guidelines for
Minimum Standards of Relief. Section 12 is as
follows:-
“12. Guidelines for minimum standards of
relief. —The National Authority shall
recommend guidelines for the minimum
standards of relief to be provided to
persons affected by disaster, which shall
include, —
(i) the minimum requirements to
be provided in the relief
camps in relation to
shelter, food, drinking
water, medical cover and
sanitation;
46
(ii) the special provisions to
be made for widows and
orphans;
(iii) ex gratia assistance on
account of loss of life as
also assistance on account
of damage to houses and for
restoration of means of
livelihood;
(iv) such other relief as may be
necessary.”
44. The petitioner’s case as noticed above is that
the Centre should come up with detailed guidelines
under Section 12(ii) and (iii) of Disaster Management
Act, 2005, recommending special provisions to be made
for widows and orphans and ex-gratia assistance to be
provided to the kith and kin of those losing life
because of COVID-19 infections but also as a result
of harsh lockdown restrictions. It is submitted that
there are no guidelines providing for minimum
standards for COVID-19. The above claim of the
petitioner is refuted by the respondents. The
respondents have brought on record the guidelines of
minimum standards of relief under Section 12 as
47
existing prior to COVID-19, which has been filed as
Annexure-R7 to the counter affidavit. The guidelines
filed as Annexure-R7 deals with
(i) definition of Relief and Rehabilitation
Camp,
(ii) Minimum standards in respect of Shelter in
relief camps,
(iii) Minimum Standards in respect of Food in
relief camps,
(iv) Minimum Standards in respect of Water in
relief camps,
(v) Minimum Standards in respect of Sanitation
in relief camps,
(vi) Minimum Standards in respect of medical
cover in relief camps and
(vii) Minimum Standards of Relief for Widows and
Orphans.
45. The guidelines brought on record under AnnexureR7, which were in existence since before declaration
48
of COVID-19 pandemic, covers all statutory
requirement as enumerated in Section 12. Section 12
contemplates minimum standards of relief to be
provided to persons affected by disaster. The word
‘disaster’ mentioned in Section 12 encompasses all
the disasters including the present disaster. Section
12 does not contemplate that there shall be different
guidelines for minimum standards of relief for
different disasters.
46. The uniform guidelines are contemplated so that
persons affected by disaster are provided with
minimum requirement in the relief camps in respect of
shelter, food, drinking water, medical cover and
sanitation and other reliefs as contemplated in the
section. There being already guidelines for minimum
standards in place even before COVID-19, the said
guidelines for minimum standards holds good even for
those who are affected by COVID-19. Section 12 does
not contemplate that afresh guidelines for the
49
minimum standards of relief be issued with regard to
COVID-19. The prayer of the petitioner to direct the
Union of India to issue fresh guidelines under
Section 12 to be provided to persons infected with
COVID-19 is misconceived.
47. The Government of India vide order dated
14.03.2020 has decided to treat COVID-19, the
pandemic, as a notified disaster for the purpose of
providing assistance under State Disaster Response
Fund, norms of assistance for ex-gratia payment to
families of deceased persons, norms of assistance for
COVID-19 positive persons requiring hospitalization
and some other assistance to be provided from State
Disaster Response Fund have been notified by the
Government of India.
48. In view of the foregoing discussions, we hold
that Union of India is not obliged to lay down
minimum standards of relief under Section 12 of the
50
Act, 2005 for COVID-19 and the guidelines issued
under Section 12 providing for minimum standards of
relief holds good for pandemic COVID-19 also.
QUESTION NOS. 3, 4 AND 5
III) Whether Union of India is obliged to utilise
National Disaster Response Fund created under
Section 46 of the Act for the purpose of
providing assistance in the fight of COVID-19?
IV) Whether all the contributions/grants from
individuals and institutions should be
credited to the NDRF in terms of Section 46(1)
(b) of the Act rather than PM CARES Fund?
V) Whether all the funds collected in the PM
CARES Fund till date be directed to be
transferred to the NDRF?
49. All the three questions being inter-related are
taken together. The submissions of the petitioner
centre around National Disaster Response Fund (NDRF)
and PM CARES Fund. We need to notice the nature and
character of these funds for appreciating the
submissions made by the learned counsel for the
parties. Chapter IX of the Disaster Management Act,
2005 deals with Finance, Accounts and Audit. Section
51
46 provides for National Disaster Response Fund.
Section 46 reads:
“46. National Disaster Response Fund.—(1)
The Central Government may, by
notification in the Official Gazette,
constitute a fund to be called the
National Disaster Response Fund for
meeting any threatening disaster situation
or disaster and there shall be credited
thereto—
(a) an amount which the Central
Government may, after due
appropriation made by
Parliament by law in this
behalf provide;
(b) any grants that may be made by
any person or institution for
the purpose of disaster
management.
(2) The National Disaster Response
Fund 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 in consultation
with the National Authority.”
50. The Central Government by notification dated
27.09.2010 which was published in Gazette
Extraordinary on 28.09.2010 issued under sub-Section
52
(1) of Section 46 of Act, 2005 constituted “National
Disaster Response Fund”. The notification dated
27.09.2010 reads:
“MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 27th September, 2010
s.O.2346(E).- In exercise of the
powers conferred by sub-section (1) of
Section 46 of the Disaster Management Act,
2005 (53 of 2005), the Central Government
hereby constitutes the National Disaster
Response Fund (hereinafter NDRF) for
meeting any threatening disaster situation
or disaster.
[F.No.32-3/2010-NDM-I]
R.K.SRIVASTAVA, Jr. Secy.”
51. Ministry of Home Affairs (Disaster Management
Division) has issued guidelines on Constitution and
Administration of the National Disaster Response Fund
(NDRF). Section 46(1) as noted above contemplates
crediting of two kind of amounts, i.e., (a) an amount
which the Central Government may, after due
appropriation made by Parliament by law in this
53
behalf provide; and (b)any grants that may be made by
any person or institution for the purpose of disaster
management.
52. The guidelines for constitution and
administration of NDRF have been brought on record by
the petitioner at page 129 of the writ petition. The
guidelines came into force with effect from financial
year 2010-11. Paragraph 3.1 enumerated the calamities
covered under NDRF. Paragraph 3.1 is as follows:
“3.1 Natural calamities of cyclone,
drought, earthquake, fire, flood, tsunami,
hailstorm, landslide, avalanche, cloud
burst and pest attack considered to be of
severe nature by Government of India and
requiring expenditure by a State
Government in excess of the balances
available in its own State Disaster
Response Fund (SDRF), will qualify for
immediate relief assistance from NDRF.”
53. Paragraph 5 of the guidelines deals with
contribution to the NDRF. Paragraphs 5.1 to 5.5 are
as follows:
“5.1 The closing balance of the NCCF at
the end of financial year 2009-10 shall be
54
the opening balance of the NDRF in the
year 2010-11.
5.2 Funds will be credited into the NDRF
in accordance with the provisions of the
Disaster Management Act, 2005.
5.3 The budget provision for transferring
funds to the NDRF as mentioned in para 5.2
above shall be made in the Demand for
grants no. 35- “Transfers to State and UT
Governments” (under non-plan provision).
Releases to State Governments will be made
by the Ministry of Finance from this
provision.
5.4 During the years 2010-15 transfers to
the NDRF established in the Public Account
of India will be made by operating the
following heads of account: Major Head
“2245-Relief on account of Natural
Calamities – 80- General-797-Transfers to
Reserve Funds and Deposit Account’-
Transfer to National Disaster Response
Fund.
5.5 Contributions made by any person or
institution for the purpose of disaster
management will also be credited to the
NDRF. Modalities covering such
contributions will be prescribed in due
course.”
55
54. Paragraph 7.1 of the guidelines deals with
assessment of relief assistance from the NDRF.
Paragraph 7.1 is as follows:
“7.1 Upon a request made by a State not
having adequate balance in its State
Disaster Response Fund (SDRF), Ministry of
Home Affairs or the Ministry of
Agriculture, as the case may be, will
assess whether a case for additional
assistance from NDRF is made out under
these guidelines and the approved items
and norms of assistance under NDRF/SDRF.
The following procedure will be adopted
for making such assessment:
(i) The memorandum of the State
Government will be examined to
assess the likely requirement
of funds as per items and
norms of expenditure under
SDRF/NDRF. If the preliminary
examination reveals that there
are adequate funds in SDRF
with the State for providing
relief as per norms, the State
would be advised accordingly.
(ii) If the preliminary examination
reveals that the State is in
need of assistance, a Central
Team will be deputed for
making an on the spot
assessment.
56
(iii) The report of the Central Team
shall be examined by the
National Executive Committee
(NEC) constituted under
section 8 of the DM Act, 2005.
The NEC will assess the extent
of assistance and expenditure
which can be funded from the
NDRF, as per the norms of
NDRF/SDRF, and make
recommendations.
(iv) Based on the recommendations
of NEC, a High Level Committee
(HLC) will approve the quantum
of immediate relief to be
released from NDRF.”
55. The guidelines for administration of the NDRF
have been revised with effect from financial year
2015-16 which have been brought on record at page 154
of the writ petition. Paragraph 3.1 of the guidelines
is same as under guidelines for the financial year
2010-11. Paragraph 4.1 provides:
“4.1 The NDRF will be operated by the
Government of India for the purpose of
providing immediate relief to people
affected by the above mentioned calamities
which are assessed as being of ‘severe
nature’, following the procedure described
in para 7 of these guidelines. NDRF is
classified in the Public Account in the
57
sub-section (b) 'Reserve Funds not bearing
Interest' of the Government of India under
the major head 8235- ‘General and other
Reserve Funds' – 119- National Disaster
Response Fund”.
56. Paragraph 5 deals with contribution to the NDRF
and there are some changes in the guidelines in
paragraph 5. Paragraphs 5.1 to 5.4 of the new
guidelines are as follows:
“5.1 The closing balance of the NDRF at
the end of financial year 2014-15
shall be the opening balance of the
NDRF in the year 2015-16.
5.2 Funds will be credited into the NDRF
in accordance with the provisions of
the section 46 (a) & (b) of Disaster
Management Act, 2005.
5.3 The budget provision for transferring
funds to the NDRF as mentioned in para
5.2 above shall be made in the Demand
for grants no. 35- “Transfers to State
and UT Governments” (under non-plan
provision). Releases to State
Governments will be made by the
Ministry of Finance from this
provision.
58
5.4 During the years 2015-20 transfers to
the NDRF established in the Public
Account of India will be made by
operating the following heads of
account: Major Head “2245-Relief on
account of Natural Calamities – 80-
General-797-Transfers to Reserve Funds
and Deposit Account’-Transfer to
National Disaster Response Fund.”
57. The above is the scheme. As per paragraph 10 of
the new guidelines, expenditure from NDRF is meant to
assist a State to provide immediate relief in those
cases of severe calamity, where the expenditure
required is in excess of the balance in the State’s
SDRF. The NDRF is a statutory fund required to be
audited by the Comptroller & Auditor General of
India, which was constituted under Act, 2005 and is
still in existence for the purposes as enumerated in
the statute as well as in the guidelines issued under
Act, 2005.
58. We may now notice the PM CARES Fund. Petitioner
has brought on record certain details of PM CARES
Fund as Annexure-P13. The details about the PM CARES
59
Fund as brought on record as Annexure-P13 of the writ
petition are as follows:
“Keeping in mind the need for having a
dedicated national fund with the primary
objective of dealing with any kind of
emergency or distress situation, like
posed by the COVID-19 pandemic, and to
provide relief to the affected, a public
charitable trust under the name of ‘Prime
Minister’s Citizen Assistance and Relief
in Emergency Situations Fund’ (PM CARES
Fund)’ has been set up.
Click here to Donate Online.
Objectives :
• To undertake and support relief or
assistance of any kind relating to a
public health emergency or any other kind
of emergency, calamity or distress, either
man-made or natural, including the
creation or upgradation of healthcare or
pharmaceutical facilities, other necessary
infrastructure, funding relevant research
or any other type of support.
• To render financial assistance, provide
grants of payments of money or take such
other steps as may be deemed necessary by
the Board of Trustees to the affected
population.
• To undertake any other activity, which
is not inconsistent with the above
Objects.
60
Constitution of the Trust :
• Prime Minister is the ex-officio
Chairman of the PM CARES Fund and Minister
of Defence, Minister of Home Affairs and
Minister of Finance, Government of India
are ex-officio Trustees of the Fund.
• The Chairperson of the Board of Trustees
(Prime Minister) shall have the power to
nominate three trustees to the Board of
Trustees who shall be eminent persons in
the field of research, health, science,
social work, law, public administration
and philanthropy.
• Any person appointed a Trustee shall act
in a pro bono capacity.
Other details :
• The fund consists entirely of voluntary
contributions from individuals/
organizations and does not get any
budgetary support. The fund will be
utilised in meeting the objectives as
stated above.
• Donations to PM CARES Fund would qualify
for 80G benefits for 100% exemption under
the Income Tax Act, 1961. Donations to PM
CARES Fund will also qualify to be counted
as Corporate Social Responsibility (CSR)
expenditure under the Companies Act, 2013
• PM CARES Fund has also got exemption
under the FCRA and a separate account for
receiving foreign donations has been
opened. This enables PM CARES Fund to
61
accept donations and contributions from
individuals and organizations based in
foreign countries. This is consistent with
respect to Prime Minister’s National
Relief Fund (PMNRF). PMNRF has also
received foreign contributions as a public
trust since 2011.
CLICK HERE TO DONATE ONLINE”
59. From the above details, it is clear that PM CARES
Fund has been constituted as a public charitable
trust. After outbreak of pandemic COVID-19, need of
having a dedicated national fund with objective of
dealing with any kind of emergency or distress
situation, like posed by the COVID-19 pandemic, and
to provide relief to the affected, a fund was created
by constituting a trust with Prime Minister as an exofficio Chairman of PM CARES Fund, with other exofficio and nominated Trustees of the Fund. The PM
CARES Fund consists entirely of voluntary
contributions from individuals/organisations and does
not get any Budgetary support. No Government money is
credited in the PM CARES Fund.
62
60. After noticing constitution of NDRF as well as PM
CARES Fund now we may notice the contentions raised
by Shri Dave. The submission of Shri Dave is that the
earlier guidelines for administration of NDRF which
came into force with effect from financial year 2010-
11 have been modified by new guidelines with effect
from financial year 2015-16, and now it is not
possible for any person or institution to make
contribution to the NDRF. Shri Dave submits that
paragraph 5.5 of earlier guidelines has been deleted
to benefit the PM CARES Fund so that all
contributions by any person or institution should go
in the PM CARES Fund. Shri Dave submits that deletion
of paragraph 5.5 of earlier guidelines (at page 130)
in the new guidelines (at page 154-155) makes it
clear that now it is not possible for any person or
institution to make any contribution to NDRF.
61. There are two reasons for not accepting the above
submission. Firstly, paragraph 5.5 of earlier
guidelines which contemplated contributions by any
63
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
64
2015-16 any person or institution can still make
contribution to the NDRF.
62. 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.
63. Another limb of submission of Shri Dave is that
although the Government of India vide its letter
dated 14.03.2020 has decided to treat COVID-19 as a
notified disaster for the purpose of providing
assistance under SDRF but no similar notification has
been issued for the purpose of providing assistance
for COVID-19 under NDRF. The notification dated
14.03.2020 has been brought on record as Annexure-P10
of the writ petition which reads as follows:
65
 “No.33-4/2020-NDM-I
Government of India
Ministry of Home Affairs
(Disaster Management Division)
C-Wing, 3rd Floor, NDCC-II
Jai Singh Road, New Delhi -110001
Dated 14.03.2020
To
The Chief Secretaries
 (All States)
Subject: Items and Norms of assistance
from the State Disaster Response
Fund (SDRF) in wake of COVID-19
Virus Outbreak
Sir/Madam
I am directed to refer this Ministry’s
letter No.32-7/2014 dated 8th April, 2015
on the above mentioned subject.
2. The Central Government, keeping in
view the spread of COVID-19 virus in India
and the declaration of COVID-19 as
pandemic by the World Health Organisation
(WHO), by way of a special one time
dispensation, has decided to treat it as a
notified disaster for the purpose of
providing assistance under SDRF. A list
of items and norms of assistance for
containment of COVID-19 Virus in India
eligible from SDRF is annexed.
Yours faithfully,
66
(Sanjeev Kumar Jindal)
Joint Secretary to Government of India
Tel: 23438096
Copy to AS(UT), MHA for making similar
provisions for utilization of UT Disaster
Response Funds by the Union Territories.
CC for information: PS to HM/MOS(N)/HS”
64. After issuance of the above 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
67
and minimum amount to State of Goa, i.e., 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 at pages 154 to 158 of the writ petition. The
submission of the petitioner that NDRF cannot be used
for any assistance for COVID-19, thus, cannot be
accepted.
65. 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 we have 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
68
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. We, thus, do 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.
69
66. Further as observed above, it is for the Central
Government to take the decision as from which fund
what financial measures are to be taken and it is
neither for PIL petitioner to claim that any
financial assistance be made from particular fund nor
this Court to sit in judgment over the financial
decisions of the Central Government.
67. The PM CARES Fund is a public charitable trust
and is not a Government fund. The charitable trusts
are public trusts. Black’s Law Dictionary, Tenth
Edition defines charitable trust in following words:
“charitable trust. A trust created to
benefit a specific charity, specific
charities, or the general public rather
than a private individual or entity.
Charitable trusts are often eligible for
favorable tax treatment.”
68. The mere fact that administration of the Trust is
vested in trustees, i.e., a group of people, will not
70
itself take away the public character of the Trust as
has been laid down in Mulla Gulam Ali & Safiabai D.
Trust Vs. Deelip Kumar & Co., (2003) 11 SCC 772. In
paragraph 4, this Court laid down:
“4. The mere fact that the control in
respect of the administration of the Trust
vested in a group of people will not
itself take away the public character of
the Trust……………………………..”
69. The contributions made by individuals and
institutions in the PM CARES Fund are to be released
for public purpose to fulfill the objective of the
trust. The PM CARES Fund is a charitable trust
registered under the Registration Act, 1908 at New
Delhi on 27.03.2020. The trust does not receive any
Budgetary support or any Government money. It is not
open for the petitioner to question the wisdom of
trustees to create PM CARES fund which was
constituted with an objective to extend assistance in
the wake of public health emergency that is pandemic
COVID-19.
71
70. Shri Dave during submissions has fairly submitted
that he is not questioning the bona fide of
constitution of PM CARES Fund. His submission is
that NDRF is audited by CAG but PM CARES Fund is not
audited by CAG rather by a private Chartered
Accountant. The nature of NDRF and PM CARES Fund are
entirely different. The guidelines issued under Act,
2005 with regard to NDRF specifically provides for
audit of the NDRF by the Comptroller & Auditor
General of India whereas for public charitable trust
there is no occasion for audit by the Comptroller &
Auditor General of India.
71. We may notice one more aspect with regard to
COVID-19. We have noticed above that 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. We have already noticed Clause 3.1 of
72
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 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
73
have necessary financial resources to meet the
emergent situation.
72. The NDRF and PM CARES Fund are two entirely
different funds with different object and purpose. In
view of the foregoing discussions, we answer question
Nos.3, 4 and 5 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
74
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.
73. In view of the foregoing discussions, the prayer
‘a’ and ‘b’ made in the writ petition are refused.
With respect to prayer ‘c’, we make it clear (i) that
there is no statutory prohibition for the Union of
India utilizing the NDRF for providing assistance in
the fight of COVID-19 in accordance with the
guidelines issued for administration of NDRF; (ii)
there is no statutory prohibition in making any
contribution by any person or institution in the NDRF
as per Section 46(1)(b)of the Act, 2005.
75
74. The prayer of the petitioner to direct all the
funds collected in the PM CARES Fund till date to be
transferred to the NDRF is refused.
75. Subject to clarification of law as made above,
the writ petition is dismissed.
......................J.
 ( ASHOK BHUSHAN )
......................J.
 ( R. SUBHASH REDDY )
......................J.
 ( M.R. SHAH )
New Delhi,
August 18, 2020.