What Happened
- The Prime Minister's Office directed the Lok Sabha Secretariat that questions related to PM CARES Fund, the Prime Minister's National Relief Fund (PMNRF), and the National Defence Fund (NDF) are inadmissible in Lok Sabha
- The PMO cited Rule 41(2)(viii) and Rule 41(2)(xvii) of the Rules of Procedure and Conduct of Business in Lok Sabha, arguing these funds comprise voluntary public contributions and do not receive allocations from the Consolidated Fund of India
- The PMO's position is that these funds are not "primarily the concern of the Government of India" and are not "under the control of bodies primarily responsible to the Government"
- Opposition leaders have criticised the directive, arguing it undermines parliamentary accountability and that the PMO should not dictate the business of an independently functioning Lok Sabha
- Former Secretary General of Lok Sabha, PDT Achary, stated that the Speaker alone has the authority to decide admissibility of questions on their merits
Static Topic Bridges
PM CARES Fund — Legal Status and Structure
The PM CARES (Prime Minister's Citizen Assistance and Relief in Emergency Situations) Fund was created on 28 March 2020, during the COVID-19 pandemic, as a public charitable trust under the Registration Act, 1908. It is chaired by the Prime Minister, with the Defence Minister, Home Minister, and Finance Minister as ex-officio trustees.
- Created: 28 March 2020; registered as a public charitable trust
- Trustees: PM (ex-officio Chairman), Defence Minister, Home Minister, Finance Minister
- The government has maintained in court (Delhi High Court, 2023) that PM CARES is "neither owned nor controlled" by the government and that officials serve as trustees for "administrative convenience"
- Not subject to audit by the Comptroller and Auditor General (CAG) — audited by an independent auditor (SARC & Associates)
- Not covered under the Right to Information (RTI) Act, 2005 — the government has argued it is not a "public authority" under Section 2(h) of the RTI Act
- Receives contributions under the Foreign Contribution (Regulation) Act (FCRA) and the Income Tax Act provides 100% tax exemption under Section 80G
- Distinct from PMNRF (established 1948 by Jawaharlal Nehru) and NDF (established 1962)
Connection to this news: The PMO's directive that PM CARES questions are inadmissible rests on its classification as a non-governmental trust — a classification that critics challenge given that the PM and senior ministers serve as trustees, the fund uses the national emblem, and its contributions enjoy government-facilitated tax exemptions.
Parliamentary Questions — Rules of Procedure (Rules 32-54)
The Question Hour is a fundamental instrument of parliamentary accountability. Rules 32 to 54 of the Rules of Procedure and Conduct of Business in Lok Sabha govern the procedure for asking and answering questions. Questions are the primary mechanism through which MPs hold the executive accountable.
- Types of questions: Starred (oral answer, supplementary questions allowed), Unstarred (written answer only), Short Notice (urgent matters, less than 10 days' notice)
- Rule 41: Conditions for admissibility — 18 conditions listed under Rule 41(2)
- Rule 41(2)(viii): Questions shall not relate to matters "not primarily the concern of the Government of India"
- Rule 41(2)(xvii): Questions shall not relate to matters "under the control of bodies or persons not primarily responsible to the Government of India"
- Admissibility decision: The Speaker has the final authority to determine admissibility (Rule 41(1))
- Question Hour: First hour of every sitting (11 AM to 12 noon), except on days allocated for government business where it may be dispensed with
Connection to this news: The controversy centres on whether the PMO can direct the Lok Sabha Secretariat on admissibility — a domain conventionally within the Speaker's exclusive authority. The broader constitutional question is whether the executive can dictate the legislature's oversight functions.
Separation of Powers and Parliamentary Sovereignty
The Indian Constitution establishes a separation of functions (though not a strict separation of powers as in the US) among the legislature, executive, and judiciary. Parliament's power to question the executive is a core feature of the Westminster model of parliamentary democracy that India follows.
- Article 75(3): The Council of Ministers is collectively responsible to the House of the People — this is the constitutional basis for parliamentary questioning
- Article 105: Powers, privileges, and immunities of Parliament and its members — includes the right to question the executive on matters of public interest
- Raja Ram Pal v. Hon'ble Speaker, Lok Sabha (2007): Supreme Court held that Parliament's powers are subject to constitutional limitations
- Consolidated Fund of India (Article 266): All government revenues flow into this fund; expenditure requires parliamentary approval — the PM CARES Fund operates outside this framework
- Article 112: Annual Financial Statement (Budget) must be laid before Parliament — funds outside the Consolidated Fund escape this scrutiny
Connection to this news: The PMO directive raises the fundamental question of whether executive actions that benefit from governmental infrastructure, branding, and tax provisions can be simultaneously shielded from legislative scrutiny by claiming non-governmental status.
Key Facts & Data
- PM CARES Fund: Created 28 March 2020; registered as a public charitable trust
- Trustees: PM (Chairman), Defence Minister, Home Minister, Finance Minister (all ex-officio)
- Not audited by CAG; not under RTI Act
- PMO cited Rules 41(2)(viii) and 41(2)(xvii) for inadmissibility
- PMNRF: Established January 1948 by Jawaharlal Nehru for partition refugees
- NDF: Established 1962 during the India-China war
- Article 75(3): Council of Ministers collectively responsible to Lok Sabha — constitutional basis for parliamentary oversight
- Speaker has final authority on admissibility of questions under Rule 41(1)