No Cabinet meet, PM uses powers to revoke Article 356

NEW DELHI: There was no Cabinet meeting held to recommend revocation of President’s rule in Maharashtra this morning, with PM Modi using the special powers conferred on him under rules for transaction of government business, which empower the PM to allow a departure from the procedure requiring convening of Cabinet meet to approve cases relating to Article 356.


According to rule 7 of the Government of India (Transaction of Business) Rules, cases listed under the Second Schedule, including those relating to a proclamation of emergency, must be approved by the Cabinet. However, rule 12 of TOB states that the “PM may, in any case or classes of cases permit or condone a departure from these rules, to the extent he deems necessary”.

Thanks to this rule, the PM was competent to approve the ‘emergency’ decision to recommend to the President to withdraw President’s rule in Maharashtra, clearing the way for Devendra Fadnavis to take over as CM. This came after Fadnavis staked claim before governor

Bhagat Singh Koshyari

to form the government, after which the governor sent a report to the Centre recommending that President’s rule be lifted.

According to a former home ministry officer, while Cabinet approval is mandatory for revocation of the presidential proclamation under Article 356, exceptions can be made in emergent cases, as per discretion of the PM. “The Prime Minister takes the decision on behalf of the Cabinet, subject to ex post-facto approval,” said the former MHA functionary. The rules also authorise the PM to amend the Second Schedule.