A month-long political drama in Maharashtra rose further on Saturday, 23 November. When in the morning, the country suddenly got the news that President's rule had been removed from Maharashtra and Devendra Fadnavis was taking oath of Chief Minister and NCP's Ajit Pawar as Deputy Chief Minister. Opposition parties Shiv Sena and Congress have started strongly opposing it. Questions arose as to how suddenly such a big decision has been taken, when and how it was decided to remove the President's rule at midnight? The matter is currently in the Supreme Court. A hearing has started on this matter since Sunday. It came to light that with the help of Rule 12, President's rule was suddenly lifted in Maharashtra. The question is what Rule 12 is? What authority does it give to the government?
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What is Rule 12?
It comes through the Government of India (Conduct of Business) Rules 1961 (Government of India Transaction of Business Rules 1961). Under this rule, the Prime Minister of the country has the right to ignore these rules if he deems necessary. The Cabinet may later approve the decision taken under Rule 12. With the help of this rule, President's rule was removed from Maharashtra without the approval of the Cabinet.
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Rule 12 used in Jammu and Kashmir's case too?
Jammu and Kashmir is the latest example of the use of Rule 12 by the Central Government before Maharashtra. Rule 12 was used on 31 October 2019 to reorganize Jammu and Kashmir and Ladakh as Union Territories. It was later approved by the Cabinet on 20 November.
What happened in Maharashtra?
The notification of the removal of President's rule from Maharashtra appeared in the Gazette of the Government of India at 5.47 am on Saturday, 23 November. This means that the President must have signed the documents required before this time. About two hours after the notification was published, Devendra Fadnavis and Ajit Pawar took the oath of Chief Minister and Deputy Chief Minister respectively.
