Q. Which of the following amendments were made to the Indian Constitution through the Ninety First Amendment Act, 2003?
1. It limited the size of Central Council of Ministers to a maximum of 5% of the total strength of the Lok Sabha.
2. The number of ministers, including the Chief Minister, in a state government shall not be less than twelve.
3. It made changes in relation to the Tenth Schedule of the Indian Constitution.
Select the correct answer using the code given below:
Exp) Option b is the correct answer.
Following are the main amendments brought in the Constitution through the Ninety First Amendment Act, 2003.
Statement 1 is incorrect: The total number of ministers, including the Prime Minister, in the Central Council of Ministers, shall not exceed 15% of the total strength of the Lok Sabha.
Statement 2 is correct: It provided that the total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed 15% of the total strength of the Legislative Assembly of that state. But, the number of ministers, including the Chief Minister, in a state shall not be less than 12.
Statement 3 is correct: The 52nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another. For this purpose, it made changes in four Articles of the Constitution and added a new Schedule (the Tenth Schedule) to the Constitution. This act is often referred to as the ‘anti-defection law’.
Later, the 91st Amendment Act of 2003 made one change in the provisions of the Tenth Schedule. It omitted an exception provision i.e., disqualification on ground of defection not to apply in case of split. The provision of the Tenth Schedule (anti-defection law) pertaining to exemption from disqualification in case of split by onethird members of the legislature party has been deleted. It means that the defectors have no more protection on grounds of splits.
