What is the maximum number of ministers, including the Prime Minister, allowed in the Council of Ministers as per the 91st Constitutional Amendment Act, 2003 of constitution of India?
Show answer & explanation
Correct answer: C
Explanation
The correct answer (Option 3) is 15% of the total membership of the Lok Sabha.
Detailed information regarding this significant constitutional amendment is provided below:
- 91st Constitutional Amendment Act, 2003
- This amendment was introduced to regulate the 'size of the Council of Ministers' and 'defection' in Indian politics. Its key provisions are as follows:
- Size of the Council of Ministers: By amending Articles 75 and 164, it was mandated that the total number of ministers in the Union Council of Ministers and the State Councils of Ministers (including the Prime Minister/Chief Minister) shall not exceed 15% of the total membership of the Lok Sabha and the respective Legislative Assemblies.
- Minimum Number: A provision was made for smaller states stipulating that the minimum number of ministers in a State Council of Ministers shall not be less than 12.
- Ban on Defection: This amendment also stipulated that if a member is disqualified on the grounds of defection, they shall also be disqualified from holding the office of a minister.
Analysis of Other Options:
- Option 1 (10%): The number of ministers for the Delhi Legislative Assembly (under the 69th Amendment) is fixed at 10% of the total members; however, for the country as a whole, this limit is 15%.
- Option 2 (12%): This does not constitute part of any general constitutional limit.
- Option 4 (No limit): Prior to 2003, there was no such fixed limit, which often resulted in cabinets becoming excessively large ('Jumbo Cabinets'); however, the 15% limit is now mandatory.
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