These rules may be called the Government of India (Transaction of Business) Rules, 1961
Cabinet Secretariat Government of India
The Cabinet Secretariat is under the direct charge of the Prime Minister. The administrative head of the Secretariat is the Cabinet Secretary who is also the ex-officio Chairman of the Civil Services Board. In the Government of India (Allocation of Business) Rules, 1961 “Cabinet Secretariat” finds a place in the First Schedule to the Rules
Before the adoption of the portfolio system in the Government of India, all governmental business was disposed of by the Governor-General-in-Council, the Council functioning as a joint consultative board. As the amount and complexity of the business of the Government increased, the work of the various departments was distributed amongst the members of the Council only the more important cases being dealt with by the Governor-General or the Council collectively.
The above procedure was legalised by the Councils Act of 1861 during the time of Lord Canning, leading to the introduction of the portfolio system and the inception of the Executive Council of the Governor-General. The Secretariat of the Executive Council was headed by the Private Secretary to the Viceroy, but he did not attend the Council meetings. Lord Willingdon first started the practice of having his Private Secretary by his side at these meetings. Later, this practice continued and in November, 1935, the Viceroy’s Private Secretary was given the additional designation of Secretary to the Executive Council.
The constitution of the Interim Government in September 1946 brought a change in the name, though little in functions, of this Office. The Executive Council’s Secretariat was then designated as Cabinet Secretariat. [ GOI source]
THE GOVERNMENT OF INDIA (ALLOCATION OF BUSINESS) RULES
The Government of India (Allocation of Business) (AoB) Rules, 1961 and the Government of India (Transaction of Business) (ToB) Rules, 1961 have been framed under Article 77 (3) of the Constitution of India.
Some of the illustrative cases required to be placed before the Cabinet are:
(a) Cases involving legislation including the issue of Ordinances.
(b) Cases involving negotiations with foreign and Commonwealth countries on treaties, agreements and other important matters.
(c) Proposals to appoint public commissions or committees of inquiry and consideration of the reports of such commissions or committees.
(d) Proposals relating to the creation of posts of the level of Joint Secretary to the Government of India or higher.
(e) Cases in which a difference of opinion arises between two or more Ministers and a Cabinet decision is desired.
(f) Proposals to vary or reverse a decision previously taken by the Cabinet.
- The proposals concerning the country’s security are required to be placed before the Cabinet Committee on Security. Issues impacting the economy and having financial implications are generally placed before the Cabinet Committee on Economic Affairs.
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