What Happened
- The Prime Minister's Office (PMO) informed the Lok Sabha Secretariat that questions on PM CARES Fund, the Prime Minister's National Relief Fund (PMNRF), and the National Defence Fund (NDF) are not admissible in Parliament.
- The PMO cited Rule 41(2)(viii) and Rule 41(2)(xvii) of the Rules of Procedure and Conduct of Business in Lok Sabha to justify the restriction.
- The PMO's reasoning was that all three funds are financed through voluntary public contributions and are not part of the Consolidated Fund of India, so they do not fall under the government's primary administrative domain.
- Critics argue this undermines parliamentary oversight, as the Prime Minister chairs the boards of all three funds and they are administered through the PMO.
- Former Secretary General of Lok Sabha, P.D.T. Achary, stated that the Speaker alone has the authority to decide admissibility of questions and such blanket restrictions on entire subjects are procedurally questionable.
Static Topic Bridges
Admissibility of Questions in Lok Sabha: Rule 41
Rule 41 of the Rules of Procedure and Conduct of Business in Lok Sabha lays down the conditions for admissibility of questions. These conditions determine whether a member's question can be placed on the parliamentary agenda for oral or written answers.
- Rule 41(1): A question may be asked for the purpose of obtaining information on a matter of public importance within the special cognizance of the Minister to whom it is addressed.
- Rule 41(2): Lists conditions that must be satisfied, including:
- Rule 41(2)(viii): Questions shall not raise matters under the control of bodies or persons not primarily responsible to the Government of India.
- Rule 41(2)(xvii): Questions shall not relate to matters not primarily the concern of the Government of India.
- Other conditions include: questions must be clearly and precisely expressed; not contain arguments, inferences, or defamatory statements; not ask for expression of opinion or solution of abstract legal questions; not raise questions of policy too large to be dealt with in an answer; and not ask about matters under adjudication by courts.
- Authority: The Speaker of Lok Sabha is the final authority on admissibility of questions (Rule 41, read with Direction 10A). The decision is based on Rules 41-44, precedents, and parliamentary conventions.
- Key distinction: The Speaker decides admissibility on a question-by-question basis. A blanket notification from the executive declaring entire subjects inadmissible raises concerns about executive overreach into parliamentary procedure.
- Former Secretary General P.D.T. Achary emphasised that decisions on admissibility should be on the merits of individual questions, not as categorical exclusions of subjects.
Connection to this news: The PMO's reliance on Rule 41(2)(viii) and (xvii) to bar questions on all three funds is contested because the PM chairs their boards and they are administered through the PMO, making a strong case that they fall within the "special cognizance" of the relevant Minister. The dispute highlights the tension between executive prerogative and parliamentary sovereignty in determining what is admissible for legislative scrutiny.
PM CARES Fund, PMNRF, and NDF: Legal Status and Accountability Gaps
The three funds mentioned in the PMO's directive occupy a unique space in India's public finance architecture -- they are closely associated with the Prime Minister and the government but are structured as non-governmental entities, creating significant accountability gaps.
| Feature | PM CARES Fund | PMNRF | NDF |
|---|---|---|---|
| Established | March 27, 2020 | January 1948 | 1962 (after Indo-China War) |
| Legal structure | Public charitable trust | Trust (not under any statute) | Created by Central Government notification |
| Purpose | Emergency/distress situations, public health emergencies | Relief to families affected by natural calamities, accidents, medical treatment | Welfare of armed forces and para-military personnel |
| Chairperson | Prime Minister | Prime Minister | Prime Minister |
| Trustees/Members | PM + Ministers of Defence, Home, Finance (ex-officio) | PM is sole trustee; PM nominates members | Executive Committee with PM as Chairperson; Ministers of Defence, Finance, Home |
| Funding | Voluntary public contributions | Voluntary public contributions; no budgetary support | Voluntary donations |
| Audited by | Private auditor (not CAG) | Private auditor (not CAG) | CAG |
| RTI applicability | Government claims "not a public authority" | Not declared as public authority | Not specifically addressed |
| FCRA exemption | Yes | Yes | Not specified |
| Tax benefit | 100% deduction under Section 80G | 100% deduction under Section 80G | 100% deduction under Section 80G |
- The PM CARES Fund trust deed initially described it as a private trust, stating it is "neither intended to be or is in fact owned, controlled or substantially financed by any government." However, the Government of India subsequently admitted in a formal RTI response that the Fund was "owned by, controlled by and established by the government."
- The Supreme Court dismissed petitions seeking a direction to transfer PM CARES Fund donations to the NDRF or for CAG audit, holding that the fund consists of voluntary contributions and is not part of public funds.
- The Delhi High Court was told by the PMO that PM CARES Fund is not a "fund of the Government of India" and cannot be labelled a "public authority" under the RTI Act.
Connection to this news: The PMO's directive to treat questions on all three funds as inadmissible in Parliament adds another layer to the accountability gap. These funds are chaired by the PM, administered by the PMO, and receive public donations with government-facilitated tax benefits, yet they are shielded from both RTI scrutiny and parliamentary questioning.
Parliamentary Oversight of Executive: Constitutional Framework
Parliamentary oversight of the executive is one of the foundational principles of the Westminster model adopted by the Indian Constitution. The mechanisms for this oversight include questions, debates, motions, and committee scrutiny.
- Article 75(3): The Council of Ministers shall be collectively responsible to the House of the People -- this is the constitutional basis for all parliamentary oversight mechanisms.
- Article 265: No tax shall be levied or collected except by authority of law -- Parliament controls the public purse.
- Article 266: The Consolidated Fund of India and the Public Account of India are under parliamentary control. Funds not part of either account (like PM CARES, PMNRF, and NDF) fall outside direct financial oversight by Parliament.
- Comptroller and Auditor General (Article 148): The CAG audits government accounts but cannot audit trusts or funds that are not drawn from the Consolidated Fund.
- Public Accounts Committee (PAC): Examines the CAG's audit reports. Since these funds are not CAG-audited, they do not come under PAC scrutiny either.
- Estimates Committee: Examines whether money is well laid out within the limits of policy. Again, limited applicability to extra-budgetary trusts.
- Parliamentary Questions (Rules 32-58): The most direct oversight tool, allowing members to question ministers on matters within their cognizance.
Connection to this news: The PMO's directive effectively removes the last remaining parliamentary oversight mechanism -- questions -- from funds that are already outside the ambit of CAG audit, PAC scrutiny, and RTI disclosure. This creates a scenario where funds closely associated with the highest executive office operate with minimal institutional accountability, contrary to the constitutional scheme of Article 75(3).
Key Facts & Data
- The PMO cited Rule 41(2)(viii) and Rule 41(2)(xvii) to bar questions on PM CARES, PMNRF, and NDF.
- PM CARES Fund was established on March 27, 2020; PMNRF in January 1948; NDF in 1962.
- The Prime Minister chairs the boards of all three funds.
- All three funds receive voluntary public contributions and are not part of the Consolidated Fund of India.
- PM CARES and PMNRF are audited by private auditors, not the CAG. NDF is audited by the CAG.
- PM CARES and PMNRF are exempt from FCRA provisions.
- Donations to all three funds qualify for 100% deduction under Section 80G of the Income Tax Act.
- The Speaker of Lok Sabha is the final authority on admissibility of questions under the Rules of Procedure.
- The government has taken contradictory positions on PM CARES -- calling it both a "private trust" and admitting it is "owned by, controlled by and established by the government."