91st Constitutional Amendment Act, 2003
91st Constitutional Amendment Act, 2003
1. Introduction
The 91st Constitutional Amendment Act, 2003 was enacted to address the issue of proliferation of ministers and political instability caused by frequent expansion of council of ministers through coalition politics in India. It introduced significant restrictions on the size of the Council of Ministers both at the Union and State levels.
2. Background
In India, the Constitution originally did not prescribe any limit on the number of ministers in the Union or State governments.
Over time, the size of ministries increased considerably, often leading to inefficiency and political instability.
Coalition politics in the 1990s led to an excessive number of ministers being appointed to satisfy coalition partners.
This act was introduced to impose restrictions and improve governance efficiency.
3. Key Provisions of the 91st Amendment
A. Limitation on the Size of Council of Ministers (Amendment of Article 75 and 164)
The total number of ministers, including the Prime Minister/Chief Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha or the State Legislative Assembly.
If 15% calculation results in a fraction less than 1, the number shall not exceed 12 ministers.
B. Disqualification of MPs/MLAs for Holding Office of Minister upon Resignation
If a member of either House of Parliament or a State Legislature ceases to be a member, they shall also cease to be a minister.
This was to prevent situations where a non-member holds ministerial office for more than six months without getting elected.
C. Restriction on the Number of Ministers (Disqualification for Appointment)
If a person is not a member of Parliament or State Legislature, they can hold ministerial office for a maximum of six months, after which they must get elected.
The Act makes the disqualification automatic if a minister loses their membership.
4. Constitutional Amendments Made
| Original Article | Amendment under 91st Amendment |
|---|---|
| Article 75(1) | Limit Council of Ministers to 15% of total Lok Sabha members |
| Article 164(1) | Similar limitation for State Council of Ministers |
| Article 75(5) and 164(4) | Automatic disqualification of minister upon ceasing to be a member |
5. Objectives of the Amendment
To curb the increasing size of ministries and reduce unnecessary expenses.
To prevent political opportunism in appointment of ministers.
To promote political stability by limiting the number of ministers.
To ensure that only elected representatives hold ministerial office.
6. Significance
It led to the streamlining of the executive branch.
Encouraged political parties to be selective and prudent in ministerial appointments.
Strengthened the principle of responsible government by linking ministerial office with membership in the legislature.
7. Relevant Case Law
A. Kihoto Hollohan v. Zachillhu (1992)
Though not directly related to the 91st Amendment, this case established the scope of anti-defection law and reinforced the importance of stable governments.
The 91st Amendment complements such principles by restricting the size of ministries.
B. Supreme Court in Union of India v. R. Gandhi (2010)
The Court upheld the validity of the 91st Amendment.
It emphasized the necessity of the limit on ministers to prevent bloated ministries.
The Court clarified that this limitation is a constitutional restriction and cannot be bypassed.
C. Narendra Kumar vs. Union of India (2015)
The Supreme Court reiterated that the 91st Amendment is mandatory.
Any appointment of ministers exceeding the 15% cap is unconstitutional and invalid.
8. Practical Impact
Many states and the Union government had to reduce the number of ministers to comply with the cap.
Coalition governments had to be more cautious in allocating ministerial portfolios.
It reduced political horse-trading and unnecessary appointments.
9. Summary Table
| Feature | Details |
|---|---|
| Limit on Council of Ministers | Max 15% of total members of Lok Sabha or State Assembly |
| Minimum number of ministers | 12 (if 15% calculation is less than 1) |
| Disqualification of ministers | Cease to be minister if they cease to be member of House |
| Objective | Promote political stability and curb excess ministers |
| Validity | Upheld by Supreme Court |
10. Conclusion
The 91st Constitutional Amendment Act, 2003 plays a crucial role in regulating the size of the Council of Ministers, ensuring that the executive remains efficient and accountable. It imposes constitutional limits that enhance governance and political discipline, making it harder for governments to inflate ministries for political gains.
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