Question

Consider the following statements regarding the 91st Constitutional Amendment.

1. It capped the size of the Central Council of Ministers at 15% of the Lok Sabha’s total strength.

2. It allowed disqualification on grounds of defection to apply even in cases of a merger of political parties.

3. It amended Article 361B to disqualify defectors from holding any remunerative office under the government.

• A. Only 1 and 2
• B. Only 1 and 3
• C. Only 2 and 3
• D. All are correct

Answer 1

Answer:

B. Only 1 and 3

91st Constitutional Amendment Act, 2003

• This amendment significantly impacted the composition and functioning of the Council of Ministers at the Union and State levels.
• Statement 1: Capping the Council of Ministers
  • It limited the size of the Central Council of Ministers to not exceed 15% of the total strength of the Lok Sabha.
  • Similarly, at the state level, the size of the State Council of Ministers was capped at 15% of the total strength of the Legislative Assembly.
  • A minimum of 12 ministers was also mandated for both the Union and States.
  • This provision aims to prevent the formation of excessively large ministries, which can lead to increased administrative costs and potential for political patronage.
• Statement 2: Defection and Merger of Parties
  • The 91st Amendment did not allow disqualification on grounds of defection to apply even in cases of a merger of political parties.
  • Instead, it clarified that a merger does not lead to disqualification if at least two-thirds of the members of the original party have merged with another party or formed a new party. This is a crucial distinction from the original intent of anti-defection laws.
  • The 10th Schedule of the Constitution deals with anti-defection.
• Statement 3: Disqualification from Holding Office
  • It amended Article 361B of the Constitution.
  • This amendment disqualifies a person who has been convicted of certain offences related to bribery or corruption from holding any remunerative office under the government.
  • This provision aims to ensure probity in public life and deter corrupt practices among elected officials.
• Background and Significance
  • The 91st Constitutional Amendment Act was enacted to address issues of coalition politics and the stability of governments.
  • It sought to curb the practice of having too many ministers and to ensure that defectors do not continue to hold positions of power.
  • The amendment is a vital part of India's constitutional framework for good governance and accountability.