Question

What is/are the major change/s made through the 91st Constitutional Amendment Act?

1. It limited the size of the Central Council of Ministers to 15% of the total strength of the Lok Sabha.

2. It removed the exemption from disqualification under the Anti-Defection Law for splits in political parties.

3. It introduced the Goods and Services Tax (GST) Council.

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

Answer 1

Answer:

C. 1 and 2 only

91st Constitutional Amendment Act, 2003

• The 91st Constitutional Amendment Act was enacted in 2003, primarily to address issues related to the size of the Council of Ministers and strengthen the Anti-Defection Law.

Limitation on the Size of Council of Ministers:

• It inserted Article 75(1A), which mandates that the total number of Ministers, including the Prime Minister, in the Union Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha.

• Similarly, it inserted Article 164(1A), extending the same 15% limit to the State Councils of Ministers (of the total strength of the Legislative Assembly of that State).

• Additionally, for smaller states, Article 164(1A) also specified that the number of ministers, including the Chief Minister, shall not be less than 12. This ensures a minimum functional cabinet size.

• The objective behind this limitation was to prevent oversized ministries and reduce the financial burden on the exchequer, as well as to curb the practice of offering ministerial berths to secure political support.

Changes to the Anti-Defection Law (Tenth Schedule):

• The Act amended the Tenth Schedule of the Constitution, which deals with the Anti-Defection Law.

• It removed the exemption from disqualification in cases of a 'split' by one-third members of a legislative party. Previously, if one-third or more members of a legislative party defected, they were exempt from disqualification.

• After this amendment, only a 'merger' of a political party with another political party (where at least two-thirds of the members of the legislative party agree to such merger) is recognized as an exception to disqualification under the Anti-Defection Law.

• This change aimed to strengthen the Anti-Defection Law and prevent frequent defections, thereby ensuring greater political stability.

Disqualification for Defecting Members:

• The 91st Amendment also inserted Article 75(1B) and Article 164(1B). These provisions state that a member of either House of Parliament (or State Legislature) belonging to any political party who is disqualified under the Anti-Defection Law (Tenth Schedule) shall also be disqualified from being appointed as a Minister.

• Furthermore, Article 361B was inserted, which states that a member disqualified on the ground of defection shall also be disqualified from holding any remunerative political post.