Modi govt bypassed Union Cabinet to revoke President’s rule in Maharashtra by citing this rule
Politics

Modi govt bypassed Union Cabinet to revoke President’s rule in Maharashtra by citing this rule

As there was no meeting of the Union Cabinet, the central government invoked the Government of India (Transaction of Business) Rules (12).

   
Newly sworn-in Maharashtra Chief Minister Devendra Fadnavis

Newly sworn-in Maharashtra Chief Minister Devendra Fadnavis being offered a sweets on his arrival at state's BJP office | PTI /Shashank Parade

New Delhi: The BJP-NCP government in Maharashtra took charge on Saturday after the President’s rule, imposed in the state a fortnight ago, was revoked at 5.47 AM, a Union Home Ministry notification said.

The approval of the Union Cabinet for the revocation of the President’s rule in Maharashtra was given by the central government by invoking a special provision of The Government of India (Transaction of Business) Rules which gives the prime minister special powers, a senior home ministry official said.

“In exercise of the powers conferred by clause (2) of article 356 of the Constitution, 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,” the proclamation signed by Kovind read.

After the President’s signature on the proclamation, a gazette notification to this effect was issued by Union Home Secretary Ajay Kumar Bhalla at 5.47 AM on Saturday morning, putting an end to the President’s rule and facilitating formation of a government in Maharashtra.

For revocation of the President’s rule, a recommendation of the Union Cabinet to the President is required.

As there was no meeting of the Union Cabinet, the central government invoked the Government of India (Transaction of Business) Rules (12).

The Rule 12 says: “Departure from Rules.- 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 prime minister gave this approval, which acts as post-facto approval of the Union Cabinet, the official said.

BJP’s Devendra Fadnavis and NCP’s Ajit Pawar took oath as chief minister and deputy chief minister of Maharashtra after the President’s rule was revoked.

Maharashtra plunged into a political crisis when no party or alliance could form a government even after 18 days of the declaration of the assembly election results.

President’s rule was imposed in the state on November 12.


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