Important for UPSC Prelims – Indian Polity
91st Constitutional Amendment Act, 2003 (What is it?)
- The 91st Constitutional Amendment Act, 2003 was enacted to strengthen the Anti-Defection Law and improve political stability by discouraging opportunistic defections.
- It also sought to promote ethical governance by limiting the size of the Council of Ministers and preventing political rewards for defectors.
Key Features (What does it do?)
1. Strengthened the Anti-Defection Law
- Removed the provision that protected one-third splits in a legislature from disqualification.
- Retained only the two-thirds merger provision, making defections more difficult.
2. Limited the Size of the Council of Ministers
- Fixed the maximum strength of the Union and State Council of Ministers at 15% of the total strength of the Lower House.
- In States, the Council of Ministers cannot have fewer than 12 Ministers, even if 15% is lower.
3. Bar on Defectors Becoming Ministers
- A legislator disqualified under the Tenth Schedule cannot be appointed as a Minister until:
- Re-elected to the legislature, or
- The term of the House expires.
4. Bar on Holding Remunerative Political Posts
- A disqualified legislator is also prohibited from holding any remunerative political office until re-election or expiry of the legislative term.
Key Constitutional Changes (How was the Constitution amended?)
1. Article 75(1A): Limits the size of the Union Council of Ministers to 15% of the total strength of the Lok Sabha.
2. Article 75(1B): Disqualifies defectors from becoming Union Ministers until re-election or expiry of the House.
3. Article 164(1A): Limits the size of the State Council of Ministers to 15% of the Legislative Assembly, subject to a minimum of 12 Ministers.
4. Article 164(1B): Prevents defectors from becoming State Ministers until re-election or expiry of the House.
5. Article 361B: Prohibits defectors from holding remunerative political posts after disqualification under the Tenth Schedule.
Conclusion
The 91st Constitutional Amendment Act, 2003 strengthened India’s parliamentary democracy by reinforcing the Anti-Defection Law, limiting the size of the executive, and discouraging political opportunism. It remains a key constitutional reform aimed at promoting stable, accountable, and ethical governance.