Question
Download Solution PDFWhat is the maximum number of Ministers allowed in the Council of Ministers, including the Prime Minister, as per the 91st Amendment Act?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is 15% of Lok Sabha strength.
Key Points
- The 91st Amendment Act of 2003 introduced a cap on the number of ministers in the Council of Ministers.
- As per this amendment, the total number of ministers, including the Prime Minister, in the Central Council of Ministers should not exceed 15% of the total strength of the Lok Sabha.
- This amendment aimed to ensure a more streamlined and efficient government by preventing an excessively large council of ministers.
- The Constitution (Ninety-first Amendment) Act, 2003 also added a new clause to Article 75 of the Constitution of India.
- This measure was taken to address the issue of unwieldy and oversized cabinets in both the Central and State Governments.
- The amendment also included provisions to disqualify members of parliament or state legislatures who are disqualified on the ground of defection from being appointed as ministers.
Additional Information
- 91st Amendment Act
- The 91st Amendment Act was enacted in 2003.
- This Act aimed to curb the growing trend of defections and also limit the size of the council of ministers to ensure better governance.
- It introduced provisions to strengthen the anti-defection law and set a limit on the size of the council of ministers both at the Centre and in the States.
- Article 75
- Article 75 of the Indian Constitution deals with the appointment of the Prime Minister and other ministers.
- It states that the Prime Minister shall be appointed by the President and the other ministers shall be appointed by the President on the advice of the Prime Minister.
- The new clause added by the 91st Amendment limits the size of the council of ministers.
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