PMO directive on PM CARES: What questions can Lok Sabha ask?

The Prime Minister’s Office has recently told 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’s reasoning is that these funds are made up of voluntary public contributions and not from allocations from the Consolidated Fund of India. This has led to criticism, with some accusing the government of blocking transparency. “It is deeply concerning how PMO is dictating the business of the Lok Sabha, which should operate independently so that the government is held accountable by the people’s representatives,” Congress MP KC Venugopal posted on X. ## Who decides what questions can be asked in Lok Sabha? Questions are asked in the House to hold the government accountable on matters of public interest. The criteria for admissible questions is laid down in Rules of Procedure and Conduct of Business in Lok Sabha. Questions are first sent to the Lok Sabha Secretariat, which is guided by the rulebook in deciding admissibility. The final decision rests with the Speaker. Rule 41 says, “…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.” It then lists 23 conditions a question must meet, including that they not be about official secrets, or matters that are sub judice, etc. The PMO has cited Rule 41(2)(viii) and 41(2)(xvii), which state a question “shall not relate to a matter which is not primarily the concern of the Government of India”; and “it shall not raise matters that are under the control of bodies or persons not primarily responsible to the Government of India”. What are the three funds mentioned? PM CARES is a public charitable trust set up to raise funds for national emergencies such as Covid-19. The PMNRF was established in 1948 with public contributions to assist displaced people from Pakistan. Its resources are now utilised primarily to help out families of those killed in natural calamities and to the victims of major accidents and riots. The NDF is used for the welfare of members of the Armed Forces and their dependents. The fund is administered by an Executive Committee, with the PM as Chairperson. So are these bodies not the “concern of the Government of India”? Chakshu Roy, who works at PRS Legislative Research, told The Indian Express, “The point to note is that it is not Parliament’s job to decide whether or not these can be seen as government bodies. The executive can take a stand and that can be challenged in courts, but interpreting the nature of these bodies to decide whether they form part of the central government is not the role of the legislature.” Are the bodies covered under RTI Act? The NDF is under the ambit of the Right to Information Act, 2005. Cases about the status of both PM CARES and PMNRF, are pending in the Delhi High Court. The next hearing in the PM CARES case is on April 1. What happens once a question is deemed admissible? It is then sent to the ministry concerned, which gets 15 days to respond. “If a ministry thinks that a particular question violates any rule governing admissibility, or it deals with highly confidential matter involving national security, or the answer can affect India’s relationship with another country etc., it should politely point it out to the Secretariat and request that it may be disallowed,” PDT Achary, former Secretary General of Lok Sabha, said. The LS Secretariat publishes data about the questions received and answered, Roy said. Can a govt body preemptively tell the Secretariat to not admit questions? Achary said this was highly unusual. “The decision over admissibility rests with the Speaker alone. Also, decisions are taken on the merits of the individual question, not entire subjects, like a certain fund,” he said. Yashee is a Senior Assistant Editor at The Indian Express, and she heads the Explained Desk. With over 12 years of experience in mainstream journalism, she specializes in translating intricate geopolitical shifts, legal frameworks, and historical narratives into accessible insight. Having started her career with Hindustan Times and later contributing to India Today (DailyO), Yashee brings a veteran’s perspective to contemporary analysis. She holds a Bachelor’s degree in English Literature from the historic Presidency College, Kolkata, and a postgraduate diploma from the Asian College of Journalism (ACJ), Chennai. Her work provides readers with the deep context needed to navigate a complex world. ... Read More