Question

Consider the following statements regarding the 91st Constitutional Amendment (2003):

1. The 91st Amendment amended Articles 75 and 164 to limit the size of the Council of Ministers.

2. It introduced Article 361B, which disqualifies a member of a House from holding any remunerative political post.

3. The 91st Amendment modified the 10th Schedule to disqualify members who do not join a merger of political parties.

4. The 91st Amendment came into force on 1 January 2003.

• A. 1, 2, and 3 are correct
• B. 2 and 3 are correct
• C. 1, 2, and 4 are correct
• D. 1, 3, and 4 are correct

Answer 1

Answer:

A. 1, 2, and 3 are correct

91st Constitutional Amendment Act, 2003

• This amendment aimed to address issues related to the size of the Council of Ministers and defections in Parliament and State Legislatures.
• Statement 1: Limitation on the size of the Council of Ministers
  • The amendment modified Article 75 (for the Union) and Article 164 (for the States).
  • It stipulated that the total number of ministers, including the Prime Minister or the Chief Minister, shall not exceed 15% of the total strength of the House of the People or the Legislative Assembly, as the case may be.
  • This provision was introduced to prevent the formation of bloated ministries and ensure stability.
• Statement 2: Disqualification for holding remunerative political posts
  • The amendment inserted Article 361B.
  • This article disqualifies an individual, found guilty of defection under the Tenth Schedule, from being appointed a minister or holding any remunerative political post for the duration of the unexpired term.
  • 'Remunerative political post' means any office, other than a ministerial office, declared by the appropriate legislature by law to give the holder a remuneration that is or is equivalent to the remuneration of a Minister of State.
• Statement 3: Provisions related to mergers of political parties
  • The amendment modified the Tenth Schedule (Anti-Defection Law).
  • It specified that a split in a political party does not cause disqualification if the split is by at least two-thirds of the members of the legislature party.
  • However, it also introduced that such a split would be considered a merger only if at least two-thirds of the members of the legislative party agree to merge with another party or form a new party. If this condition is not met, the members who do not join the merger would be disqualified.
• Statement 4: Commencement Date
  • The 91st Constitutional Amendment Act, 2003, came into force on 1 January 2004, not 1 January 2003.
  • This distinction is crucial for exam accuracy.
• Contextual Relevance for Competitive Exams:
  • Understanding constitutional amendments is vital for UPSC, State PSCs, and other competitive exams.
  • Focus on the specific articles amended and the core provisions introduced.
  • Pay attention to dates and numerical figures (like the 15% limit and two-thirds rule) as they are frequently tested.