Question map
Which one of the following Amendments to the Constitution of India has prescribed that the Council of Ministers shall not exceed 15 percent of total number of members of the House of the People or Legislative Assembly in the States?
Explanation
The 91st Amendment Act of 2003 introduced specific limits on the size of the Council of Ministers at both the Union and State levels to prevent jumbo cabinets and strengthen anti-defection laws [3]. Under Article 75, the total number of ministers, including the Prime Minister, in the Central Council of Ministers must not exceed 15 percent of the total strength of the Lok Sabha [2]. Similarly, under Article 164, the total number of ministers, including the Chief Minister, in a State Council of Ministers shall not exceed 15 percent of the total strength of the Legislative Assembly of that state [3]. This amendment also mandated that the number of ministers in a state shall not be less than 12. Furthermore, it stipulated that any member disqualified under the Tenth Schedule (anti-defection law) is also disqualified from being appointed as a minister [3].
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 21: Central Council of Ministers > Article 75-Others Provisions as to Ministers > p. 213
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 85: Anti-Defection Law > Provisions > p. 600
- [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 21: Central Council of Ministers > Article 75-O ther Provisions as to Ministers > p. 213