Cabinet Secretariat Takes Serious Note as Ministries Flout Timelines on Post-Facto Cabinet Approvals

The Cabinet Secretariat has taken serious note of ministries and departments failing to meet stipulated timelines for seeking ex-post facto approval from the Cabinet or a cabinet committee for decisions taken under Rule 12 of the Transaction of Business Rules, 1961.

This was stated by the Cabinet Secretariat in a communication, which was accessed by News18.com, dated September 16 to ministries and departments under the central government.

Under Rule 12 of the Transaction of Business Rules, 1961, the Prime Minister can take a decision without the immediate approval of the Cabinet, even though a post-facto Cabinet approval will be subsequently required for the decision.

The Cabinet Secretariat had issued instructions in the past too, laying down a period of a month for submission of notes seeking ex-post facto approval of the Cabinet or cabinet committee for its information.

“However, it is observed that in some cases, the Ministries/Departments have not adhered to the stipulated timelines and have delayed submitting the notes for seeking ex-post facto approval. This has been viewed seriously,” the letter stated.

It added that there should be strict compliance to instructions related to this so that “delays in this regard do not recur”.

What Does Rule 12 Say?

Termed ‘Departure from Rules’, Rule 12 states, “The Prime Minister may, in case or classes of cases permit or condone a departure from these rules, to the extent he deems necessary.”

The Union Cabinet has to subsequently give its post-facto approval for decisions taken under Rule 12.

However, ministries and departments are expected to submit notes to the Union Cabinet or a cabinet committee within a month seeking their approvals on the decisions taken.

Rule 12 has also been used for signing of MoUs or to cancel office orders. The rule was invoked when Jammu and Kashmir was re-organised into Union Territories of Jammu & Kashmir and Ladakh on October 31, 2019, as the districts were divided between the two. It got the Cabinet’s post-facto approval on November 20. It was also invoked to revoke President’s Rule imposed on Maharashtra on November 12, 2019, without an immediate Cabinet approval.

What’s the Delay?

The communication stated that there should ideally be no delay on the part of the ministries and departments in finalising the notes seeking the Union Cabinet’s ex-post facto approval. This is because all procedural requirements are already complied with at the time of seeking approval for a decision under Rule 12 of the Transaction of Business Rules, 1961.

It also said that while conveying approval under Rule 12, a specific timeline is stipulated for seeking approval of the Cabinet or cabinet committee.

A senior government official told News18.com that the reasons for the delay in submission of notes can be attributed to the “bureaucratic lethargy” that sets in once a decision is taken because the pressure on officials goes down eventually.

“Another reason could be that the corresponding work related to the implementation of the decision starts, so these notes seeking post-facto approvals take a backseat and miss the timelines,” he said.

The recent communication also states that ministries and departments will be required to inform the Cabinet Secretariat without fail as soon as any MoU or other agreements are signed in exercise of powers, as well as send across notes for the information of the Cabinet and cabinet committees within a month of the date of signing.

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