UPSC Prelims 2007 Q51: Indian Polity – Constitutional Framework & Development
Which of the Constitution Amendment Acts seeks that the size of the Council of Ministers at
the Centre and in a State must not exceed 15 percent of the total number in the Lok Sabha and
the total number of members of the Legislative Assembly of that State, respectively?
- (a) 91st
- (b) 93rd
- (c) 95th
- (d) 97th
Answer: (a) 91st
Explanation
Size of the Council of Ministers — 91st Amendment Act, 2003
| Provision | Article | What it says |
|---|---|---|
| Union cap | Art 75(1A) | Total ministers incl. PM ≤ 15% of Lok Sabha strength |
| State cap | Art 164(1A) | Total ministers incl. CM ≤ 15% of Assembly strength, but minimum 12 |
| Defector bar | Art 75(1B), 164(1B), 361B | A member disqualified for defection cannot be a minister or hold a remunerative political post |
| Split clause | Tenth Schedule para 3 | Deleted — "one-third split" no longer protects defectors |
Why it was done: Jumbo ministries were being used to reward defectors.
The Venkatachaliah Commission (NCRWC, 2002) recommended the cap.
Answer: (a) 91st.
Why each option is right or wrong
- (a) CORRECT. The 91st Amendment (2003) inserted Art 75(1A) and 164(1A) capping ministries at 15% of the lower house.
- (b) Incorrect. The 93rd Amendment (2005) inserted Art 15(5) — reservation in private educational institutions.
- (c) Incorrect. The 95th Amendment (2009) extended SC/ST seat reservation in legislatures to 2020.
- (d) Incorrect. The 97th Amendment (2011) gave constitutional status to co-operative societies (Part IXB).
Key point
91st Amendment (2003) = 15% cap on Council of Ministers (Art 75(1A), 164(1A)); States minimum 12; split protection deleted.
Remember
91st Amendment 2003: ministers ≤ 15% of Lok Sabha / Assembly; States at least 12.
Common mistakes
- Thinking the 15% cap counts the Rajya Sabha too. It is 15% of the Lok Sabha (or the Legislative Assembly) only.
- Forgetting the minimum of 12 ministers for States — it protects small States like Sikkim, Goa and Mizoram.
- Mixing up the 91st with the 52nd Amendment (1985), which first added the Tenth Schedule (anti-defection).
Exam tip
91 → 15%. Link the pair: the 52nd made anti-defection law, the 91st plugged its loopholes (split clause deleted + jumbo cabinets capped).
Sources
- Constitution of India — Articles 75(1A), 75(1B), 164(1A), 361B
- Constitution (Ninety-first Amendment) Act, 2003
- NCERT Class XI — Indian Constitution at Work, Ch 4 (Executive)
- National Commission to Review the Working of the Constitution — Report (2002)