Maharashtra Notifies 2026 Rules Empowering CM to Override Ministers' Decisions
In Mumbai, the Maharashtra state government has officially notified the Maharashtra Government Rules of Business, 2026, granting Chief Minister Devendra Fadnavis expanded legal powers to intervene in and override decisions made by ministers across state departments.
The newly notified framework replaces the previous 1975 rules that governed the administrative functioning of the state government. Under the updated regulations, the Chief Minister is now authorized to step in and alter a minister's departmental decision if the intervention is deemed to be in the public interest.
Specifically, Rule 13(5) of the new rules explicitly empowers the Chief Minister, except in judicial matters, to override decisions taken by any minister, provided the action is in the public interest and the rationale is formally recorded in writing.
The regulatory overhaul follows a significant ruling by the Bombay High Court three years ago. The court had determined that the Chief Minister did not possess the authority under the 1975 Rules of Business to review, modify, or overturn decisions made by the minister in charge of a respective department.
That ruling, delivered on March 3, 2023, by the Nagpur Bench of the Bombay High Court, arose from a dispute involving the Chandrapur District Central Cooperative Bank. Then-Cooperation Minister Atul Save had granted permission to the bank to proceed with recruitment drives to fill vacant positions. However, then-Chief Minister Eknath Shinde subsequently issued an order staying the recruitment process.
The cooperative bank challenged Shinde's stay order in court. The High Court ruled in favor of the bank and quashed the Chief Minister's directive, noting that the existing 1975 rules lacked provisions granting supervisory powers to the Chief Minister over individual ministerial decisions.
While the Fadnavis administration has dismissed claims of political motives behind the amendment, the formal notification has sparked debate in political circles regarding governance dynamics within the ruling Mahayuti alliance, where Shinde currently serves as Deputy Chief Minister.
