Question

With reference to the 91st Constitutional Amendment Act, 2003, consider the following provisions:

1. It capped the total number of ministers, including the Prime Minister, in the Union Council of Ministers at 15% of the total strength of the Lok Sabha.

2. It stipulated that for all states, the number of ministers, including the Chief Minister, shall not be less than 12.

3. A member disqualified on the ground of defection is also disqualified from being appointed as a minister.

4. It strengthened the anti-defection law by removing the exception for splits involving one-third of the members of a legislature party.

Which of the statements given above are correct?

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

Answer 1

Answer:

C. 1, 3 and 4 only

The 91st Constitutional Amendment Act, 2003:

• The 91st Constitutional Amendment Act, 2003, was enacted to curb political defection, reduce the size of the Council of Ministers, and strengthen democratic governance. It significantly amended Articles 75, 164, and 361B, and the Tenth Schedule of the Constitution.

Key Provisions of the 91st Constitutional Amendment Act, 2003:

• Capping the Size of the Council of Ministers:

  • It inserted Article 75(1A), stipulating 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. This provision was aimed at preventing oversized ministries and reducing the financial burden on the exchequer.

  • Similarly, for states, it inserted Article 164(1A), which mandates that the total number of Ministers, including the Chief Minister, in a State Council of Ministers shall not exceed 15% of the total number of members of the Legislative Assembly of that State.

  • Regarding the minimum number of ministers in states: Article 164(1A) also provided that the number of Ministers, including the Chief Minister, in a State shall not be less than twelve. However, there is an important exception: for states where the total number of members of the Legislative Assembly is forty (e.g., Goa, Mizoram), the number of Ministers, including the Chief Minister, shall not exceed four. This exception makes the general statement that the number shall not be less than 12 for all states incorrect.

• Disqualification from Ministership for Defectors:

  • The Amendment introduced Article 75(1B) and Article 164(1B). These provisions state that a member of either House of Parliament or a State Legislature who is disqualified on the ground of defection under the Tenth Schedule shall also be disqualified from being appointed as a Minister. This further strengthened the anti-defection law by adding a significant consequence beyond just losing their legislative seat.

• Strengthening the Anti-Defection Law (Tenth Schedule):

  • The Act amended the Tenth Schedule (Anti-defection Law) by deleting paragraph 3. Prior to this amendment, paragraph 3 allowed a 'split' in a legislature party if at least one-third of its members defected, without attracting disqualification.

  • By removing this provision, the 91st Amendment made it clear that even a split involving one-third of the members would lead to disqualification. Now, only a merger of a political party with another political party is allowed without disqualification, provided that not less than two-thirds of the members of the legislature party concerned have agreed to such a merger (Paragraph 4 of the Tenth Schedule).

• Disqualification for Public Office:

  • The Amendment also inserted Article 361B, which provides that a member of a House belonging to any political party who is disqualified on the ground of defection shall also be disqualified to hold any remunerative political post for the duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier