Admissibility of Questions in Lok Sabha

Admissibility of Questions in Lok Sabha

  • Context:

  • The Prime Minister's Office (PMO) has informed the Lok Sabha Secretariat that questions related to the PM CARES Fund, Prime Minister's National Relief Fund (PMNRF), and National Defence Fund (NDF) are not admissible under the parliamentary rules of procedure.

  • However, opposition political parties criticized the PMO for interfering in the functioning of the legislature.

  • The Rules Cited:

  • 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 block these questions.

  • Rule 41(2)(viii):

  • A question shall not relate to a matter which is not primarily the concern of the Government of India.

  • Rule 41(2)(xvii):

  • A question shall not raise matters under the control of bodies or persons not primarily responsible to the Government of India.

  • The PMO argued that these funds are constituted entirely by voluntary public contributions and not from any allocation out of the Consolidated Fund of India.

  • Therefore, they are treated as public charitable trusts rather than government funds subject to parliamentary scrutiny.

  • Role of the Speaker:

  • The final authority to decide the admissibility of a question rests with the Speaker of the Lok Sabha.

  • While the Lok Sabha Secretariat (guided by the rulebook) initially processes questions, the Speaker has the discretion to allow or disallow them.

  • Experts note that while a Ministry can suggest a question is inadmissible, it is highly unusual for a government body to preemptively bar an entire category of questions.

  • PM CARES

  • Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund)

  • The PM CARES fund was set up on March 27,2020, following the Covid outbreak.

  • The fund was registered as a Public Charitable Trust and its trust deed has been registered under the Registration Act, 1908, at New Delhi on March 27, 2020.

  • As per the PM CARES Fund receipts and payment account report for 2022-23, which is the last published on its official website, the total balance at the end of March 2023 stood at Rs 6,283.7 crore.

  • Prime Minister is the ex-officio Chairman of the PM CARES Fund and Minister of Defence, Minister of Home Affairs and Minister of Finance, are ex-officio Trustees of the Fund.

  • The fund consists entirely of voluntary contributions from individuals /organizations.

  • 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 accept donations and contributions from individuals and organizations based in foreign countries.

  • Since it is not constituted under law or the Constitution, PM CARES does not constitute a public authority under the provisions of the RTI Act.