Govt invokes special rule to revoke President’s rule

Rule 12 of the Government of India (Transaction of Business) Rules, 1961 allows the Prime Minister to take a decision on behalf of the Cabinet without immediately convening a meeting. In this case, Cabinet’s approval was needed to withdraw President’s rule imposed on Maharashtra on November 12 .

As the BJP, with support from Nationalist Congress Party (NCP) leader Ajit Pawar, raced to stake a claim for forming the government in Maharashtra on Saturday, the Centre invoked a rule that allows a departure from normal procedure to revoke President’s rule in the state.

The gazette notification regarding revocation of President rule was issued by Union Home Secretary Ajay Kumar Bhalla at 5.47 am. (HT Photo)

Rule 12 of the Government of India (Transaction of Business) Rules, 1961 allows the Prime Minister to take a decision on behalf of the Cabinet without immediately convening a meeting. In this case, Cabinet’s approval was needed to withdraw President’s rule imposed on Maharashtra on November 12 .

The rule says: “The Prime Minister may, in any case, or classes of cases, permit or condone a departure from these rules, to the extent he deems necessary.”

The Cabinet, however, has to give ex-post facto approval for such decisions.

With the invocation of Rule 12, the issue was escalated to the President for his approval to lift President’s rule in Maharashtra. On 12 November, after the governor reported to the Centre that no party was in a position to form government, President’s rule was imposed. It was revoked at 5.47 AM on Saturday, the home ministry said.

The proclamation read: “I, Ram Nath Kovind, President of India, hereby revoke the proclamation issued by me under the said article on the 12th day of November 2019, in relation to the state of Maharashtra with effect from the 23rd day of November 2019.”

A gazette notification to this effect was issued by Union home secretary Ajay Kumar Bhalla at 5.47 AM on Saturday.

“There is a procedure for imposing and lifting the President’s rule. It appears it was unilaterally lifted and that is dangerous for federalism,” Political analyst Neera Chandhoke said.