Why in the News?
The Central Government led by the Prime Minister Shri Narendra Modi on November 23, 2019 invoked Rule 12 of the “Government of India (Transaction of Business) Rules, 1961”, empowering it to revoke the proclamation of President’s Rule in Maharashtra without prior approval of the Union Cabinet.
What are the provisions of Rule 12?
To meet a situation of extreme urgency or unforeseen contingency in any particular case, Rule 12 of the Government of India (Transaction of Business) Rules, 1961 empowers the Prime Minister to permit or condone a departure from business rules, to the extent deemed necessary .
In such situations also, the process of examination and inter-ministerial consultations would need to be followed. All cases under Rule 12 are mandatorily required to be routed through the Cabinet Secretary and should, in no case, be sent directly to the Prime Minister.
The following guidelines are required to be followed in cases where rule 12 is proposed to be invoked:
- Proposals shall be moved only by the administrative Ministry/ Department concerned with the subject, under the Government of India (Allocation of Business) Rules, 1961;
- Proposals shall be accompanied by a detailed justification clearly bringing out the urgency involved in the matter and the exceptional circumstances that require it to be processed under Rule 12 along with a statement specifying the reasons, why it could not be processed for obtaining the approval of the competent authority in time;
- Secretary of the Department/Ministry will ensure that all essential requirements including inter-ministerial consultations, have been met before submitting the proposals for approval under this rule. This fact is to be mentioned in the proposal submitted for approval under Rule 12;
- The Ministry/Department concerned shall route the proposal through the Cabinet Secretary after obtaining the approval of the Minister-in-charge in all cases and also of the Minister of Finance in matters involving outgo of funds, or other concerned Ministers, where the subject matter impinges on their business; and
- proposals of the Ministry/Department of which the Prime Minister is the Minister-in-charge, are to be routed through the Cabinet Secretary by the Secretary of the Department concerned. However, in case, the Department has a Minister of State, his/her approval is to be obtained in the first instance, and thereafter the proposal routed through the Cabinet Secretary.
In all such cases, where approval under rule 12 has been obtained, it is necessary to obtain the ex-post-facto approval of the Cabinet/concerned Cabinet Committee unless the Cabinet Secretariat has, while communicating the approval, advised to the contrary
Background?
On November 12, 2019 when President’s Rule was imposed in Maharashtra, the Union Cabinet, headed by Prime Minister Narendra Modi, held an urgent meeting, before he was to leave for Brazil to attend the BRICS summit, to approve the move.
On November 23, 2019, the Union Cabinet did not meet to revoke the proclamation as the government used its power under the Rule 12. President Ram Nath Kovind revoked the proclamation through a notification issued that was signed by Union Home Secretary A.K. Bhalla.
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