Here's a simple explainer - basically you need to understand the two things in play here - Article 356 and Rule 12. First the Governor used Article 356 to invoke President’s Rule in India.
What is Article 356?
It’s an article of the Constitution which allows the Governor to recommend President’s Rule when it believes there is a law-and-order situation the state can’t handle or when it holds the notion that no party can form a majority.
BR Ambedkar, the author of the Constitution had hoped it would remain a ‘dead letter’ but the leaders of our nation didn’t have the moral fibre Baba Saheb.
Till the late 80s, it was used simply to remove state governments that the Centre found irksome.
But in 1989, SR Bommai, Janta Dal CM in Karnataka challenged the overthrowing of governments in Karnataka HC, who rejected his petition and then the Supreme Court.
It took five years, but the SC laid down strict guidelines, saying that President Rule can be imposed after being approved by both Houses of Parliament. Till then, the court said, the President can only suspend the legislative Assembly.
It came to be known as the Bommai judgement and became the edifice of federalism upon which the state-Centre relationship is currently based.
Now that’s Article 356 which was used by Bhagat Singh Koshyari to suspend the Maha assembly and put the state under President’s rule.
But how was President Rule revoked? That’s where it gets interesting. President’s rule was revoked in the wee hours of the morning 5:47 AM, to be exact. But who revoked it? And when did the Cabinet meeting take place?
Enter – Rule 12
Well it didn’t. What the Centre did was use a little-known rule called the Rule 12 of the Government of India (Transaction of Business Rules).
As there was no meeting of the Union Cabinet, the central government invoked the Government of India (Transaction of Business) Rules (12).
The Rule 12 says: "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".
So basically, when the PM deems fit, he can say good riddance to the cabinet and do what he pleases.
Action moves to SC
The matter is now in SC, where Sena-Cong-NCP are challenging the Governor for calling Fadnavis and Ajit Pawar to form the government. The SC has set 10 AM tomorrow for another hearing and asked the SG Tushar Mehta - who for a brief moment wasn’t sure who he was representing – two bring two letters. The first would be for the Governor inviting BJP to form the government, the second showing the letter of support for Fadnavis.
Both NCP and Cong have accused Ajit Pawar – the former leader of the NCP legislative party and current Deputy CM – of misusing the letters of support.
What will happen next? Watch this space for more.
