Maharashtra CM gets power to override decisions in 'public interest'

The provision comes three years after the Bombay HC ruled that then CM Eknath Shinde lacked independent power under the existing law to review or modify a decision taken by the minister in charge

Maharashtra Chief Minister Devendra Fadnavis can now override a decision taken by any state minister if he considers it necessary in the public interest, under the state’s new Rules of Business, 2026.

 

According to a report by Indian Express, the Maharashtra government notified the new rules on August 14 through the General Administration Department. They replace the Maharashtra Government Rules of Business and Instructions, 1975.

What the new rules say

The new rules give the Chief Minister the authority to override a minister’s decision, except in quasi-judicial matters. The reasons for such an action must be recorded in writing.

 

“Notwithstanding anything contained in these rules, the Chief Minister may, in the public interest, override the decision taken by any Minister in any cases, except in quasi-judicial cases, by recording reasons therefore, in writing,” the notification, as reported by the Times of India (TOI).

 

The rules, according to TOI, continue to make the minister in charge primarily responsible for the disposal of business related to the department or part of the department under their charge.

 

The CM can also call for papers relating to any case from any department. The minister in charge and the department secretary are required to comply with such a request. The Chief Secretary has a similar power to seek papers from department secretaries, news agency UNI said.

 

The rules also state that if there is a doubt about the interpretation of any rule, the matter should be referred to the Chief Minister, whose decision will be final, it added.

Change after 2023 Bombay HC ruling

The new provision comes three years after the Bombay High Court had ruled that the then Chief Minister Eknath Shinde did not have independent powers under the existing Rules of Business to review or modify a decision taken by the minister in charge.

 

The case concerned Shinde’s November 2022 order staying the recruitment process of the Chandrapur District Central Co-operative Bank. The cooperation minister had earlier allowed the bank to proceed with the recruitment. The Nagpur bench of the Bombay High Court quashed Shinde’s order.

 

The court had held that “the Chief Minister has no independent power assigned under the Rules of Business and Instructions issued thereunder to review or modify the decision taken by the concerned in charge Minister.”

 

It also said the Chief Minister’s intervention was “wholly unwarranted and without the authority of law”.

 

The 2026 rules now expressly provide the Chief Minister with the power to override a ministerial decision in the public interest, subject to the requirement that written reasons be recorded.

Other provisions

According to the TOI report, the new framework also laid down procedures for financial decisions, legislation and matters that could lead to a dispute between the Maharashtra government and the Centre or another state.

 

It also stated that government departments cannot issue certain orders involving revenue concessions or unprovided expenditure without the prior concurrence of the finance department.

 

Drafts relating to new laws, amendments to laws and statutory rules are to be referred to the Law and Judiciary Department for opinion and vetting or revision, the TOI report said.