Context: To revoke President’s Rule, the 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
- Rule 12 of the Government of India (Transaction of Business) Rules, 1961, allows the Prime Minister to depart from laid down norms at his discretion.
- Titled “Departure from Rules”, Rule 12 says, “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 in 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-organization of the state of Jammu and Kashmir into the Union Territories of Jammu and Kashmir, and Ladakh.
- The proclamations issued by the President that day, dividing various districts between the two Union Territories, were issued under Rule 12. The Cabinet gave post-facto approval to the same on November 20.
- Recently it has been used to revoke presidential rule in the state of Maharashtra.
