PMO Directs Lok Sabha Secretariat to Disallow Questions on Key Funds
In a significant development, the Prime Minister's Office (PMO) has formally communicated to the Lok Sabha Secretariat that parliamentary questions and matters pertaining to the PM CARES Fund, the Prime Minister's National Relief Fund (PMNRF), and the National Defence Fund (NDF) are not admissible under the established rules governing the conduct of business in the Lok Sabha. This directive, based on exclusive information, underscores a pivotal stance on the oversight of these funds.
Rule-Based Justification for Inadmissibility
The PMO's position, conveyed on January 30, cites specific provisions of the Rules of Procedure and Conduct of Business in Lok Sabha. According to Rule 41(2)(viii), questions must not relate to matters that are not primarily the concern of the Government of India. Additionally, Rule 41(2)(xvii) prohibits questions on matters under the control of bodies or persons not primarily responsible to the Government of India.
The core reasoning provided by the PMO is that the corpus of these three funds is entirely constituted through voluntary public contributions, rather than any allocation from the Consolidated Fund of India. This distinction places them outside the direct purview of government accountability mechanisms in parliamentary proceedings.
Details on the Funds in Question
PM CARES Fund: Established on March 27, 2020, as a Public Charitable Trust registered under the Registration Act, 1908, in New Delhi, this fund was created to address emergencies like the COVID-19 pandemic. Its official website states it aims to provide relief in distress situations. As of March 2023, the fund's total balance stood at Rs 6,283.7 crore, according to its latest published report.
Prime Minister's National Relief Fund (PMNRF): Founded in January 1948 with public contributions to aid displaced persons from Pakistan, this fund now primarily offers immediate relief to families affected by natural calamities, accidents, and riots.
National Defence Fund (NDF): This fund is dedicated to the welfare of armed and paramilitary forces members and their dependents, administered by an Executive Committee chaired by the Prime Minister.
Legal and Transparency Context
The Centre has previously clarified in legal submissions, such as to the Delhi High Court, that the PM CARES Fund is not created under the Constitution or any parliamentary law, and thus does not qualify as a "state" under Article 12. An affidavit stated that the trust is not owned or controlled by the government, with board members holding public office merely for administrative convenience.
Furthermore, the Supreme Court, in an August 2020 ruling, refused to order fund transfers from PM CARES to the National Disaster Response Fund (NDRF), emphasizing that the two are distinct with different purposes. The court noted that while NDRF is audited by the Comptroller & Auditor General of India, PM CARES, as a public charitable trust, does not require such an audit.
Transparency concerns have been raised, with reports indicating contributions from public sector undertakings and corporate social responsibility funds. In December 2020, it was revealed that over 100 PSUs contributed nearly Rs 155 crore from staff salaries to PM CARES, alongside significant CSR funds.
Response and Implications
The PMO has indicated that if questions or notices regarding these funds arise during zero hour or special mentions, the admissibility conditions under the rules may be applied. Neither the PMO nor Mukesh Kumar Sharma, Joint Secretary of the Lok Sabha Secretariat, responded to queries from The Indian Express on this matter.
This move highlights ongoing debates about accountability and oversight for funds that operate independently of government budgets, yet involve substantial public and institutional contributions.
