Explained: What is Rule 12,used by Centre to revoke President’s Rule in Maharashtra

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News:Recently,the central government had invoked Rule 12 of the Government of India(Transaction of Business) Rules to revoke the President’s Rule in Maharashtra.

Facts:

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.
  • The rule says that the Prime Minister may in cases 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.
  • The rule also stipulates that to invoke it,the proposal should 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 what circumstances is Rule 12 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-organisation of the state of Jammu and Kashmir into the Union Territories of Jammu and Kashmir and Ladakh.