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“RULE 12” USED BY CENTRE TO END PRESIDENT’S RULE IN MAHARASHTRA

Written by Talent KAS

Related Topic in KAS Prelims Syllabus:

Indian Constitution [Paper-I]: Indian Constitution and its salient features, Constitutional Authorities – Powers, Functions and Responsibilities

News

To revoke President’s Rule in Maharashtra, Central government has used a special Section in the Union government’s Transaction of Business Rules, which allows for revocation of President’s Rule without Cabinet approval if the Prime Minister “deems it necessary”.

Rule 12 of the Transaction of Business Rules, 1961

  • It allows the PM to depart from laid down norms at his discretion.
  • Titled “Departure from Rules”, Rule 12 says that “The Prime Minister may, in case or classes of cases permit or condone a departure from these rules, to the extent he deems necessary.”
  • The Cabinet can subsequently give post-facto approval for any decision taken under Rule 12.

Circumstances under which Rule 12 is used

  • Rule 12 is usually not used to arrive at major decisions by the government.
  • However, it has been used in matters such as withdrawal of an office memorandum or signing of MoUs in the past.
  • The last big decision taken through the invocation of Rule 12 was re-organisation of the state of Jammu and Kashmir into the Union Territories of Jammu and Kashmir, and Ladakh on October 31, 2019.
  • This Rule was invoked by the then Prime Minister Indira Gandhi in 1975, as the head of the executive branch, to unilaterally assume emergency powers without consulting Union cabinet.
[Source: Indian Express]

 

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