Question

What is true about the constitution 91st amendment, 2003 with effect from 1st January 2004 in respect to provisions for union ministers as per article 75 (1a) of the constitution of India? The total number of ministers including the prime minister in Lok Sabha (council of states).
a.Shall not exceed 15% of the total number of members of the Lok Sabha
b.Shall not exceed 20% of the total number of members of the Lok Sabha
c. Shall not exceed 25% of the total members of the Lok Sabha
d. Shall not exceed 35% of the total members of the Lok Sabha

Answer 1

Hint: The maximum number of members in the council of Ministers has been capped at less than one-sixth of the total members of the primary house of the Union and the State Legislatures according to the 91st Amendment Act, 2003.

Complete answer: During the coalition period of 1980s and 1990s in the Indian history, a large number of members were granted ministries of very important stature which led to a chaos in the government and anyone could topple the government due to the high authority. This also led to multiple power centres in the government and the powers of the Prime Minister had become limited. Let’s take a look at the options below:
a.Shall not exceed 15% of the total number of members of the Lok Sabha: Since this Act was brought in to reduce the power centres in the government, it capped the strength of the Council of Ministers at 15% of the total strength of the legislature. This gave the winning group 305 members to be eligible for ministerial posts. So, it is the correct option.
b.Shall not exceed 20% of the total number of members of the Lok Sabha: Since this figure is more than one-sixth of the strength of the legislature, this option is out of bounds. So, it is an incorrect option.
c. Shall not exceed 25% of the total members of the Lok Sabha: Since this figure is more than one-sixth of the strength of the legislature, this option is out of bounds. So, it is an incorrect option.
d. Shall not exceed 35% of the total members of the Lok Sabha: Since this figure is more than one-sixth of the strength of the legislature, this option is out of bounds. So, it is an incorrect option.
So, the correct answer is option a.

Note: Another important feature of the 91st Amendment Act, 2003 was the strengthening of the Anti-Defection Law. A Defection Law was now applied if the members of the party defying the guidelines of the political parties were less than ⅔ of the total members of the party.