PM CARES secrecy row: ‘What is the govt trying to hide?’

Parliamentary questions are a key accountability tool — especially when public-facing funds are chaired by constitutional office-holders. A PMO communication to the Lok Sabha Secretariat, citing House rules, has reportedly made questions on PM CARES (Prime Minister's Citizen Assistance and Relief in Emergency Situations Fund), PMNRF (Prime Minister National Relief Fund), and NDF (National Defence Fund) “not admissible”. In this Capital Beat episode, The Federal spoke to Anjali Bharadwaj, transparency rights activist, who says the stand mirrors what RTI applicants have faced, and deepens concerns about lack of public scrutiny.

What do you make of the report that questions on PM CARES, PMNRF, and NDF are not admissible under Lok Sabha rules?

This is very much in line with what we have been told as RTI applicants in the past. The Prime Minister’s CARES Fund was initiated at the time of COVID, on March 28, just three days before the financial year 2021 came to a close. At that time, the government and its various functionaries put out messages and notifications telling public sector units that this was a fund set up by the central government.

We have papers to prove that, because we filed RTI applications and we got information where senior central government officials were telling public sector units to give CSR funds to the PM CARES Fund because it was set up by the central government.

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Thousands of crores of rupees of taxpayers’ money was given by PSUs into the PM CARES Fund because it was set up by the central government. But when people started asking for information under the RTI Act, the government started saying it was not set up by the central government and would not be brought under RTI as a public authority.

So, when it comes to collecting money, it is touted to be a fund set up by the central government, but when it comes to transparency, it becomes a body which is not set up by the central government. Now, this is exactly what is being told to the Parliament Secretariat as well.

Why do you call this a serious accountability issue?

The Prime Minister of India is the chair of the PM CARES Fund in his ex-officio capacity. It is not Mr Narendra Modi — it is the Prime Minister of India who is the chairperson. Three top Cabinet ministers — the Home Minister, Defence Minister, and Finance Minister — are trustees in their ex-officio capacity. Then we are being told this trust is not a public authority and is a private trust.

Also read: PM CARES Fund not public authority, says govt, refuses info under RTI

Money is being collected in thousands of crores, including taxpayers’ money, and public servants were forced to give money for disaster relief. Money from outside the country is also allowed. But when it comes to transparency, we are told it is not a public authority.

This is nothing but a fraud that is being played on the people of this country. There is a clear attempt to hide what is happening in the PM CARES Fund.

The government will argue it is simply following Lok Sabha rules. Do you accept that?

All of the denials are illegitimate to my mind. They are unconstitutional denials. These are funds collecting people’s money and being run ostensibly for public interest. What is there to hide? There is no legitimate answer. The government is denying people in a democracy the right to information.

The Supreme Court has repeatedly upheld that citizens have a right to know what is being done in a democracy. Now, citizens are told they will not get information through RTI, and even their representatives in Parliament will not get information. What is the government trying to hide? That is the question.

Why do you compare PM CARES with electoral bonds?

Electoral bonds were equally opaque. The scheme ensured nobody would know who was funding political parties. When the Supreme Court struck it down and disclosures came out, fears were confirmed — it became an instrument for quid pro quo. Companies gave money to parties in power and contracts worth lakhs of crores followed.

Also read: PM CARES Fund can’t be declared State; not public authority: PMO to Delhi HC

With PM CARES, nobody knows which company is giving money. When information comes out, it is possible that it will show companies gave money and then landed big contracts, or were protected from CBI/ED action. That is why hiding information raises serious doubts.

PM CARES is being touted as a private trust — whose trust is it? Is it the BJP’s trust? If it is, why is public money being pumped into it?

Should these Lok Sabha rules be challenged?

The question is not about the rules. The question is about what fits into those rules. If it relates to a public authority, the rules will not forbid disclosure. The issue is the government is insisting PM CARES is not a public authority. That is the same argument used to deny RTI requests and now to deny parliamentary questions.

What must be challenged is whether PM CARES is a public authority or not — and similarly for the disaster relief fund and the defence fund. Some challenges are already in courts, and more will reach the courts because the government is trying to hide critical information.

You say this affects ordinary citizens directly. How?

This is about our lives. Children have died because cough syrup was adulterated and medicines were of poor quality. After electoral bond disclosures, it became clear that funding could influence whether regulatory action happens.

Also read: RBI, govt banks, LIC donated over ₹204 cr from staff salaries to PM CARES

People have a right to know if pharma or other companies giving money to PM CARES are influencing regulatory decisions. When a bridge or tunnel collapses and you find a contractor was funding the ruling party, do citizens not have a right to know what action was taken? Quid pro quo is a real risk.

Do you have hope, given delays in courts and the government’s stance?

Yes, even electoral bonds took seven years in the Supreme Court. There are massive delays, especially on sensitive issues. But when judgements finally come, they can “spill all the beans”. The government should remember how ugly it became when electoral bond disclosures happened.

Also read: Rewind: PMO's denial of info on PM CARES Fund against spirit of RTI

Here, unlike electoral bonds, this involves only the ruling party because no other party benefits from a trust where the Prime Minister and top ministers are trustees. If and when disclosures come, they will have nowhere to run.

You mentioned audits. What is your claim there?

Since 2022, there are no audit reports of the PM CARES Fund in the public domain. Either audits are not happening, or audits are happening but not being published. Where are the audit reports? Is it above the law? People are not asking for “national secrets”. They are asking where the money comes from and where it is spent. If there is no wrongdoing, why hide basic information?

What does this episode mean for Parliament’s role?

Members of Parliament are representatives sent to ask questions on citizens’ behalf. If Parliament itself is told it cannot ask questions about these funds, it amounts to telling citizens they will not be told anything. That violates the constitutional and fundamental right to know. It must be challenged. It also raises questions about whether the Lok Sabha Secretariat is becoming a hostage to the PMO.