Thou Shalt Not Question: Turns Out, Even MPs Can’t Ask Questions About PM CARES Fund, Opposition Demands Transparency

Key Points:

The political tensions between the ruling party BJP and the opposition in Parliament is intensifying. This time, however, it is not over a book but over a government move centred on the PM CARES Fund. The Congress has levelled fresh allegations against the central government, claiming that it is deliberately avoiding scrutiny of the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund.

On February 9, 2026, the Congress alleged that the Prime Minister’s Office (PMO) issued direct instructions to the Lok Sabha Secretariat to prevent Members of Parliament from raising questions related to the PM CARES Fund. According to the party, this move amounts to “dictatorship” and undermines democratic accountability by stopping public representatives from questioning how public donations are being used. The opposition has also claimed that similar restrictions apply to the Prime Minister’s National Relief Fund (PMNRF) and the National Defence Fund (NDF).

Why is the Government Avoiding Transparency in the PM CARES Fund?

The PM CARES Fund was launched during the COVID-19 pandemic to mobilise resources for emergency relief and healthcare support. It was established as a public charitable trust and registered in New Delhi on March 27, 2020. The Prime Minister serves as its ex-officio chairperson, while the Home, Defence, and Finance Ministers are trustees.

According to its latest publicly available receipts and payments report for 2022–23, the fund had a closing balance of ₹6,283.7 crore as of March 31, 2023.

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The government has stated that, as a charitable trust, PM CARES is not covered under the Right to Information (RTI) Act and is not subject to parliamentary questioning in the same manner as government departments. Under the RTI Act, only public authorities established or controlled by the government fall within its scope. The government has maintained that PM CARES does not meet this definition, despite being chaired and managed by senior public office holders.

According to reports by The Indian Express, in a communication dated January 30, 2026, the PMO informed the Lok Sabha Secretariat that questions, Zero Hour notices, and special mentions related to PM CARES, PMNRF, and NDF are not admissible under parliamentary rules. Citing Rules 41(2)(viii) and 41(2)(xvii), the PMO stated that these funds do not fall under matters “primarily concerning the Government of India” or bodies directly accountable to it.

The PMO has argued that since the three funds are financed entirely through voluntary public contributions and do not receive money from the Consolidated Fund of India, they cannot be treated as part of regular government finances. Therefore, the government believes they are not answerable to Parliament in the same manner as budgetary allocations. The Secretariat has reportedly been advised to invoke these rules whenever questions related to the funds are raised.

The Prime Minister’s National Relief Fund, established in 1948, provides assistance to victims of natural disasters, accidents, and riots. The National Defence Fund supports the welfare of armed forces personnel and their families. Both are overseen by the Prime Minister and senior ministers.

Reports indicate that the combined balance of PM CARES, PMNRF, and NDF is estimated to be over ₹11,500 crore, adding to demands for greater transparency.

In January 2023, the central government told the Delhi High Court that PM CARES is neither created under the Constitution nor under any law passed by Parliament. In its affidavit, the Centre stated that the trust is neither owned nor controlled by the government and that the presence of public officials on its board is only for administrative convenience. On this basis, the government argued that the fund does not qualify as “State” under Article 12 and therefore falls outside the RTI framework.

The legal status of PM CARES has also been examined by the Supreme Court. On August 18, 2020, the court dismissed a PIL seeking the transfer of PM CARES funds to the National Disaster Response Fund.

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Opposition Raises Questions Over PM CARES Fund

The Congress has accused the Modi government of weakening parliamentary accountability by allegedly preventing MPs from raising questions about key public funds. In a post on X, the party quoted the PMO “Questions on the PM CARES Fund, the Prime Minister’s National Relief Fund (PMNRF), and the National Defence Fund (NDF) cannot be raised in Parliament.” The party urged that elected representatives go to Parliament to raise issues about these funds on behalf of citizens.

It asked, “What is the government trying to hide from the people of India?” and warned that such restrictions amount to an “attack on Parliament” and “authoritarian control.” It further questioned whether Parliament would now function according to the Prime Minister’s orders rather than the Constitution.

Opposition leaders said such restrictions raise serious concerns about government accountability. They asked why MPs are being stopped from questioning how public funds are being used and whether Parliament is functioning under executive control rather than constitutional principles. They stressed that accountability is essential in a democratic system and warned that limiting scrutiny could damage public trust in institutions.

Several political leaders and legal experts also reacted strongly. Supreme Court lawyer Prasanth Bhushan called the directive “shocking” and claimed it was meant to prevent scrutiny of how “lakhs of crores” are being spent. Kerala Congress alleged that the PM CARES Fund has become “a private kitty for the Prime Minister” and warned that shielding defence-related funds could point to even bigger concerns.

The government, however, maintains that it is acting within established legal and procedural frameworks. It reiterates that PM CARES, PMNRF, and NDF are charitable trusts based on voluntary contributions and are therefore governed differently from government departments.

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