The 91st Constitutional Amendment Act, 2003 was enacted to strengthen the Anti-Defection Law (Tenth Schedule), prevent political defections, and reduce the size of the Council of Ministers at the Union and State levels. It came into force on 1 January 2004.
Table of Contents
Background
The 52nd Constitutional Amendment Act, 1985 introduced the Tenth Schedule (Anti-Defection Law). However, over time, it was criticized because:
- It failed to completely prevent political defections.
- It allowed legislators to escape disqualification through the split provision (one-third members of a legislature party).
- Large Councils of Ministers encouraged political patronage and office distribution.
- Defectors were often rewarded with ministerial positions.
The 91st Constitutional Amendment Act, 2003 addressed these shortcomings.
Reasons for the 91st Constitutional Amendment
| Reason | Explanation |
|---|---|
| 1. Strengthen Anti-Defection Law | The Tenth Schedule failed to effectively curb defections because of loopholes like the split provision. |
| 2. Remove Split Provision | The exemption from disqualification for one-third split encouraged political instability and horse-trading. |
| 3. Recommendations of Committees | The Dinesh Goswami Committee (1990), Law Commission (170th Report, 1999), and National Commission to Review the Working of the Constitution (NCRWC), 2002 recommended deleting the split provision and strengthening anti-defection provisions. |
| 4. Prevent Rewarding Defectors | Defectors frequently became ministers or received lucrative political offices after switching parties. |
| 5. Reduce Jumbo Ministries | Governments were creating unusually large Councils of Ministers to satisfy coalition partners and political supporters, increasing public expenditure and promoting corruption. |
Major Provisions of the 91st Constitutional Amendment Act, 2003
1. Ceiling on the Union Council of Ministers
- The total number of ministers, including the Prime Minister, cannot exceed 15% of the total strength of the Lok Sabha.
Constitutional Provision
- Article 75(1A)
2. Ceiling on the State Council of Ministers
- The total number of ministers, including the Chief Minister, cannot exceed 15% of the total strength of the Legislative Assembly.
- However, every state must have at least 12 ministers.
Constitutional Provision
- Article 164(1A)
3. Defectors Cannot Become Ministers
A member disqualified under the Tenth Schedule:
- Cannot be appointed as a Union Minister.
- Cannot be appointed as a State Minister.
The disqualification continues until:
- The member’s legislative term expires, or
- The member is re-elected to the legislature.
Constitutional Provisions
- Article 75(1B)
- Article 164(1B)
4. Defectors Cannot Hold Remunerative Political Posts
A legislator disqualified under the Tenth Schedule is also barred from holding any remunerative political post.
Meaning of Remunerative Political Post
It refers to any office:
- Under the Central Government,
- Under a State Government,
- Under any government-controlled corporation, authority or body,
where salary, remuneration, allowances or financial benefits are provided (except compensatory allowances).
Constitutional Provision
- Article 361B
5. Deletion of the Split Provision
The Amendment deleted Paragraph 3 of the Tenth Schedule, which earlier protected legislators from disqualification if one-third of the members of a legislature party split away.
Effect
- Split is no longer a valid ground for exemption from disqualification.
- Defectors can no longer claim protection on the basis of a split.
6. Merger Provision Retained
The Amendment did not abolish the merger provision.
A merger remains valid if:
- Not less than two-thirds of the members of a legislature party agree to merge with another political party.
This is provided under Paragraph 4 of the Tenth Schedule.
Constitutional Articles Introduced/Modified
| Article | Subject |
|---|---|
| Article 75(1A) | Maximum 15% ministers at the Union level |
| Article 75(1B) | Defectors cannot become Union Ministers |
| Article 164(1A) | Maximum 15% ministers in states (minimum 12 ministers) |
| Article 164(1B) | Defectors cannot become State Ministers |
| Article 361B | Defectors barred from remunerative political posts |
| Tenth Schedule (Paragraph 3) | Deleted (Split provision removed) |
Significance of the 91st Constitutional Amendment
| Significance | Explanation |
|---|---|
| Strengthened Anti-Defection Law | Closed the loophole of one-third splits. |
| Promoted Political Stability | Reduced frequent government collapses due to defections. |
| Reduced Horse-Trading | Discouraged legislators from switching parties for ministerial rewards. |
| Smaller Ministries | Prevented the formation of oversized Councils of Ministers. |
| Improved Governance | Reduced unnecessary public expenditure and political patronage. |
| Enhanced Accountability | Ministers are appointed based on governance needs rather than political accommodation. |
Criticism
| Criticism | Explanation |
|---|---|
| Defections Still Continue | Legislators often resign first and then contest elections from another party. |
| High Command Culture | Anti-defection law strengthens party leadership at the cost of legislators’ independence. |
| Whip on All Votes | Members cannot freely express opinions even on ordinary legislative matters. |
| Judicial Delays | Speakers sometimes delay decisions on disqualification petitions. |
| No Cap on Parliamentary Secretaries | Some states attempted to bypass the ministerial cap by appointing parliamentary secretaries (many such appointments have later been struck down by courts). |
UPSC/UGC NET Examination Points
| Topic | Fact |
|---|---|
| Amendment Number | 91st Constitutional Amendment Act, 2003 |
| Came into Force | 1 January 2004 |
| Main Objective | Strengthen Anti-Defection Law and limit the size of ministries |
| Ministerial Ceiling | 15% of Lok Sabha/Legislative Assembly strength |
| Minimum Ministers in States | 12 |
| Split Provision | Deleted |
| Valid Merger | Two-thirds members |
| Union Minister Ceiling | Article 75(1A) |
| State Minister Ceiling | Article 164(1A) |
| Defectors Barred from Ministership | Articles 75(1B) & 164(1B) |
| Defectors Barred from Political Posts | Article 361B |
Previous Year UPSC/UGC NET Themes
Frequently tested areas include:
- Evolution of the Anti-Defection Law.
- Difference between split and merger.
- Constitutional articles introduced by the 91st Amendment.
- Ceiling on the Council of Ministers.
- Meaning of remunerative political post.
- Recommendations of the Dinesh Goswami Committee, Law Commission (170th Report), and NCRWC.
Memory Trick (15–12–2/3 Rule):
- 15% → Maximum size of the Council of Ministers.
- 12 → Minimum number of ministers in a State.
- 2/3 → Members required for a valid merger under the Tenth Schedule.
- 1/3 → Split provision abolished by the 91st Constitutional Amendment Act, 2003.