Question

Choose the correct statement(s) regarding the 91st Constitutional Amendment.

1. The 91st Amendment to the Indian Constitution, passed in 2003, amended the 10th Schedule to strengthen provisions against defection by disqualifying members who do not join a merger of political parties.

2. The 91st Amendment added Article 361B to the Constitution and amended Articles 75 and 164.

3. The 91st Amendment received Presidential assent on 1 January 2003.

4. The 91st Amendment introduced provisions for cooperative societies.

• A. 1 and 2 only
• B. 1, 2, and 3 only
• C. 1, 2, and 4 only
• D. All of the above

Answer 1

Answer:

A. 1 and 2 only

• The 91st Constitutional Amendment Act, 2003 is a significant piece of legislation aimed at curbing the menace of defection and ensuring stability in government.
• Key Provisions:
  • It amended the Tenth Schedule of the Constitution, commonly known as the 'Anti-Defection Law'.
  • The amendment mandates that any member of a House who joins a political party after ceasing to be a member of that party, or who abstains from voting contrary to the whip issued by his political party, shall be disqualified.
  • However, it provides an exception: if a person becomes entitled to be recognized as a Member of Parliament or Member of Legislative Assembly belonging to a political party subsequent to his disqualification, he shall not be disqualified. This means if a party merges with another and at least two-thirds of the members of the legislature party agree to the merger, the defecting members will not be disqualified.
• Articles Amended:
  • Article 361B: This new article was inserted, which bars disqualification on the ground of defection by a member of a House belonging to any political party if such a member merges with another political party and does not, within one year from the date of the merger, refrain from voting contrary to any direction issued by the merged political party or its authorised representative.
  • Article 75(1A): This article, relating to the Council of Ministers at the Centre, was amended to limit the size of the Council of Ministers, including the Prime Minister, to not more than 15% of the total number of members of the House of the People (Lok Sabha).
  • Article 164(1A): Similarly, this article, concerning the Council of Ministers in the states, was amended to limit the size of the Council of Ministers, including the Chief Minister, to not more than 15% of the total number of members of the Legislative Assembly of the State.
• Presidential Assent: The amendment received Presidential assent on September 17, 2003, not January 1, 2003.
• Cooperative Societies: The 91st Amendment did not introduce provisions related to cooperative societies. That was part of the 97th Constitutional Amendment Act, 2011.
• Purpose of the Amendment: The primary objective was to prevent floor-crossing and ensure that elected representatives remain loyal to their political parties, thereby promoting political stability and good governance. It aimed to plug loopholes in the existing anti-defection law.