Emergency, J&K, Prez rule in Maharashtra: What is Rule 12, who can use it?

Mumbai: When in the wee hours of Saturday, President's rule in Maharashtra was revoked, the Opposition quickly raised questions on the legality of the move. The BJP on Saturday, however, explained that President's rule was ended under Rule 12 of the Allocation of Business Rules 1961.

The rule empowers the Prime Minister to act without Cabinet approval. The invocation of the provision is usually reserved for situations of “extreme urgency or unforeseen contingency in any particular case”.

“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,” states Rule 12.

Addressing a press conference on Saturday, Union Minister Ravi Shankar Prasad said the Prime Minister has got certain power under Rule 12 of Government of India (Transaction of business) rules and there is a procedure for the Cabinet to give ex-facto approval to a decision.

Before this, Government used Rule 12 for re-organization of the state of Jammu and Kashmir into the Union Territories of Jammu and Kashmir and Ladakh on October 31.

The Rule was also invoked by then prime minister Indira Gandhi to unilaterally impose emergency in 1975, without consulting her cabinet.

According to sources, Maharashtra governor submitted a revocation order before 6 am.

In a dramatic turn of events, BJP leader Devendra Fadnavis, with the help of a faction of Nationalist Congress Party (NCP) MLAs led by Ajit Pawar stake claim to form government in Maharashtra and in an early morning ceremony, took oath as the chief minister.