Question

Which of the following statements are correct regarding the 91st Constitutional Amendment Act?

i. It limited the size of the Council of Ministers in the Centre and states to 15% of the total strength of the respective Houses.

ii. It disqualified members defecting from their party from holding any ministerial or remunerative public office.

iii. It restored the exemption for disqualification in case of a split involving one-third of a party’s members.

• A. i and ii
• B. ii and iii
• C. i and iii
• D. i, ii, and iii

Answer 1

Answer:

A. i and ii

91st Constitutional Amendment Act, 2003

Understanding the Amendments Related to the Council of Ministers and Defections

• Limitation on the Size of the Council of Ministers:

  • This amendment mandated that the total number of ministers, including the Prime Minister (at the Centre) and the Chief Minister (in the States), shall not exceed 15% of the total strength of the respective Houses of Parliament or the State Legislature.

  • This provision was introduced to curb the tendency of expanding the size of the Council of Ministers for political patronage, thereby promoting financial discipline and good governance.

  • A crucial rider was also added: the number of ministers in a State shall in no case be less than twelve.

• Disqualification of Defecting Members from Holding Office:

  • The Act amended the Tenth Schedule (Anti-Defection Law) to disqualify members who defect from their political party from holding any position as a minister.

  • This measure aimed to strengthen the anti-defection provisions and ensure that elected representatives remain loyal to the party on whose ticket they were elected.

  • Previously, defectors could still hold ministerial positions if their defection was part of a split in their party.

• Changes to the Split Provision in the Tenth Schedule:

  • The 91st Amendment significantly altered the provisions related to splits in a political party under the Tenth Schedule.

  • It effectively removed the exemption that allowed one-third of the members of a legislature party to split from the original party without being disqualified.

  • This change meant that any defection, regardless of the number of members involved, would lead to disqualification, unless the defectors merged with another party.

• Historical Context and Rationale:

  • The 91st Constitutional Amendment Act was enacted in response to several instances of political instability and coalition governments facing challenges due to defections and the unwieldy size of ministries.

  • It sought to bring stability to governance, reduce corruption, and ensure that political parties function with greater discipline.

  • The amendment reflects a continuous effort by the Indian Parliament to refine and strengthen the anti-defection regime and ensure accountability in government formation