The Mahayuti-led Maharashtra government has framed new rules empowering the Chief Minister, Devendra Fadnavis, to override a decision taken by any minister, provided that the CM’s action is in public interest and the reasons for doing so are recorded in writing.
This provision is part of the Maharashtra Government Rules of Business, 2026, notified by the General Administration Department on August 14, which has replaced the 1975 regulation of government business.
The Fadnavis government’s move has come three years after the Bombay High Court held that the CM had no powers under the government’s then existing rules of business to review or modify a decision taken by the minister in charge of a department.
In its March 3, 2023 judgment, the Nagpur Bench of the Bombay High Court, while quashing then CM Eknath Shinde’s decision to stay an order of the BJP’s cooperation minister – which had permitted recruitment in the Chandrapur District Central Cooperative Bank – ruled that the CM had no supervisory power over the decision of the minister concerned as he had no power under the 1975 rules of government business to review or modify a minister’s decision.
The amended business rules now specifically provide for such an intervention by the CM in any minister’s decision. Under its rule 13(5), the CM can, except in judicial matters, override a decision taken by any minister in public interest and by recording the reasons in writing.
In the Chandrapur cooperative bank case, the bank had vacancies and had received permission from the Cooperation Department to start recruitment. Then cooperation minister Atul Save subsequently lifted a stay on the recruitment on November 23, 2022. However, then CM Shinde, the Shiv Sena chief and BJP’s key ally, issued an order on November 29, 2022 to stay this recruitment, The bank challenged the CM’s order before the high court, which set it aside.
The new business rules retain the minister-in-charge as the primary authority for disposing of business assigned to the department concerned, while providing for the CM to override such a decision on the ground of public interest.
While the Fadnavis camp rules out any political motive behind amending the 1975 rules, there is a buzz in state political circles linking it to “friction” between the Mahayuti allies, especially between CM Fadnavis and Shinde, who is now the Deputy CM.
The new business rules equip the CM with several other mechanisms to intervene in the functioning of various departments. The CM can seek documents relating to any matter from any department, and the minister in charge and the department secretary are required to comply with such a request. The Chief Secretary, too, can seek documents from any department.
The rules provide that the CM can direct cases to be placed before the Cabinet. Matters in the Second Schedule must be brought before the Cabinet, while cases listed in the Third Schedule have to be submitted to the CM before orders are issued.
The Second Schedule includes a broad provision covering matters not otherwise specified but which the CM directs to be submitted, cases that acquire special importance because of circumstances, or matters in which the CM has a special interest.
The new rules also allow the Cabinet to decide certain matters through circulation – by sending them to ministers for their views – rather than through discussion at a meeting. If the ministers are unanimous and the CM considers a meeting unnecessary, the matter can be decided without a Cabinet meeting. In cases the CM considers urgent, failure by a minister to communicate an opinion within the specified deadline can be treated as acceptance of the recommendations.
The new rules also strengthen the role of the Chief Secretary in the decision-making process.
The Chief Secretary can advise the CM or a minister before a final decision if the proposed course of action is contrary to law or government rules, inconsistent with government policy, or involves an important aspect that has not been considered.
All cases that are to be placed before the Cabinet are also required to be routed through the Chief Secretary. Where a matter concerns more than one department, the rules require the departments concerned to be consulted before a decision is taken. No order can be issued until the departments agree or the matter is decided through the Cabinet mechanism.
The Finance Department has a similar gatekeeping role for decisions with financial implications. No order involving, among other things, revenue concessions, expenditure, land grants or leases, creation of posts, salaries and allowances, or other financial implications can ordinarily be issued without its prior concurrence.
The new business rules specify 22 categories of matters that the CM has to submit to the Governor before orders are issued. These include matters affecting the peace and tranquillity of the state, Centre-state relations, ordinances, nominations to the Legislature, summoning or dissolution of the Assembly, appointments to the Maharashtra Public Service Commission, matters affecting Scheduled Areas and certain matters concerning the SCs, STs, OBCs and minorities.
The new rules have been framed under Articles 166(2) and 166(3) of the Constitution, which deal with the authentication of government orders and rules for the transaction of the state government’s business.
Vallabh Ozarkar is a Senior Correspondent with The Indian Express' Mumbai bureau, reco... Read More