Posted on : 07 Dec 2019Views: 178
- Under Article 356, President’s Rule is imposed if the President, upon receipt of the 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 the provisions of the Constitution.
- President’s rule is imposed through the invocation of Article 356 of the Constitution by the President on the advice of the Union Council of Ministers.
- After the assembly polls in October 2019, the state of Maharashtra was placed under the President’s rule amid a stalemate over the formation of the government in the state. However, to end the president’s rule, “Rule 12" has been used by the PM to end President's rule in Maharashtra.
What is this rule, known as ‘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 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 on October 31.
- 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.
Article Related Questions
What is ‘Rule 12’ that was in news recently?
The 1857 Uprising was the culmination of the recurrent big and small local rebellions that occured in the preceding hundred years of British Rule. Elucidate (Answer in 150 words) - 2019 Mains
1.Rule 12 governs the passage of constitutional bills
2.Rule 12 allows the Prime Minister to depart from laid down norms at his discretion.
3.Rule 12 allows the President to depart from laid down norms at his discretion.
4.Rule 12 governs the proclamation of President’s Rule under Article 356
Right Ans : Rule 12 allows the Prime Minister to depart from laid down norms at his discretion.