Maharashtra government sources clarified that reports of CM Devendra Fadnavis getting a new ‘veto’ power are incorrect. The authority to override ministerial decisions has existed under the 1975 Rules of Business and is rooted in the Constitution.
Amid media reports that Maharashtra Chief Minister Devendra Fadnavis has got ‘veto’ power to override any minister’s decision under the new Rules of Business, state government sources on Wednesday clarified that the Chief Minister already had power to “revoke ministerial decisions” under the 1975 Rules of Business.
The sources said the current decision nowhere mentions that “this power has been newly introduced”. “Essentially, the Constitution provides that the powers vested in ministers are, in the first instance, powers of the Chief Minister, which are delegated by the Chief Minister while allocating portfolios to ministers. Therefore, the Chief Minister has the authority to take the final decision. However, when ministers exercise these powers in quasi-judicial matters, their decisions are final. Since they exercise these powers as delegated to them by the Chief Minister, there is no appeal against such decisions except before the High Court,” a source said.
Chronology of Amendments
Giving chronology regarding amendments to the Government Rules of Business, the sources said that in October 2020, then Chief Minister Uddhav Thackeray appointed a study group to amend the Government Rules of Business. Its members were then Chief Secretary Sitaram Kunte, Manukumar Shrivastava, Sujata Saunik, Debashish Chakraborty and Shrikant Deshpande.
In July 2021, Uddhav Thackeray constituted a new, revised study group. It included then Chief Secretary Manukumar Shrivastava, Sujata Saunik, Debashish Chakraborty, Sanjay Chahande, Bhupendra Gurav and Vikas Chandra Rastogi. The study group submitted this report to the government in February 2022 when Uddhav Thackeray was the Chief Minister.
The study group presented the report at a meeting of the State Cabinet in February 2024 when Eknath Shinde was the Chief Minister. A presentation was made to Chief Minister Devendra Fadnavis, Deputy Chief Minister Eknath Shinde and Deputy Chief Minister Ajit Pawar in January last year and it was approved by the Cabinet days later.
Details of the New Rules of Business
The sources said that while preparing this report, the Rules of Business of the Central Government and those of other states were also studied. “In Maharashtra, the ‘Rules of Business’ that had been in force since 1975 continued to apply until now. Some amendments were made from time to time, but there had been no comprehensive review. Some amendments were made in 1990. Previously, there were a total of 15 rules; now there are 48 rules,” another source said.
The sources said that the number of schedules was earlier two, which has now been increased to four. “Rules 10 and 11 contain provisions regarding matters that are to come before the Chief Minister. Rule 10 states that matters listed in the Third Schedule must be submitted to the Chief Minister. Rule 11 states that matters listed in the Fourth Schedule, which are to be submitted to the Governor, must be submitted to the Governor through the Chief Minister,” the source said.
Matters Requiring Chief Minister’s Approval
The sources said matters listed in the Third Schedule that are to be submitted to the Chief Minister include matters concerning remission of sentences, matters that will not adversely affect the interests of Scheduled Castes, Scheduled Tribes and OBCs, matters related to the IAS, transfers, appointments, civil aviation, appointment of the Chief Secretary, or matters of public interest. A total of 34 such matters have been listed. (ANI)
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