RULE 12

 

For: Preliminary & Mains

Topics covered: All about Rule 12 of the government of India (Transaction of Business) Rules, 1961

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News Flash

To revoke President’s Rule in Maharashtra, 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”.

 

What is ‘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.

 

Under what circumstances is Rule 12 used?

Rule 12 of the Government of India (Transaction of Business) Rules, 1961, is usually not used to arrive at major decisions by the government. It has been used in matters such as withdrawal of an office memorandum or signing of MoUs in the past.

Previously, the 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.

 

Revocation of President’s Rule without Cabinet approval?

• President Ram Nath Kovind revoked the proclamation through a notification issued that was signed by Union Home Secretary.
• In exercise of the powers conferred by clause (2) of Article 356 of the Constitution, President of India can revoke the Proclamation.

 

Important Information

Article 356: Provisions in case of failure of constitutional machinery in State

Clause 1: If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with he provisions of this Constitution, the President may be Proclamation

Clause 2: Any such Proclamation may be revoked or varied by a subsequent Proclamation

 

Source: Indian Express

 

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