Previous Year Question
By which Constitutional Amendment the number of Council of Ministers has been limited to 15% of the total number of members of Lok Sabha?
91st Amendment
92nd Amendment
90th Amendment
None of these
Correct Answer: A
Detailed Solution
The Constitution (Ninety-first Amendment) Act, 2003 imposed the 15% ceiling on the size of the Union Council of Ministers. It inserted clause (1A) in Article 75 of the Constitution.
Under Article 75(1A), the total number of Ministers in the Council of Ministers, including the Prime Minister, cannot exceed 15% of the total membership of the Lok Sabha. The provision came into force on 1 January 2004.
The 91st Amendment also introduced a similar restriction for the States through Article 164(1A). The total number of Ministers, including the Chief Minister, cannot exceed 15% of the total strength of the State Legislative Assembly, while the Council of Ministers in a State cannot have fewer than 12 Ministers.
Another important feature of the Amendment was strengthening the consequences of defection. Under Article 75(1B), an MP disqualified under the Tenth Schedule on the ground of defection is also disqualified from being appointed a Minister for the specified period.
Thus—
91st Amendment, 2003 → Article 75(1A) → Union Council of Ministers ≤ 15% of Lok Sabha
Article 164(1A) → State Council of Ministers ≤ 15% of Assembly; minimum 12