Ninety First Constitutional Amendment, 2003 - GovtVacancy.Net
Posted on 09-07-2022
Ninety First Constitutional Amendment, 2003
The amended provisions of the constitution through the 91st Constitutional Amendment-
The size of the Council of Ministers has been fixed by this Constitutional Amendment Act. Its purpose is to prevent the guilty from holding public office and strengthen the anti-defection law.
1. The maximum number of ministers, including the Prime Minister, in the Union Council of Ministers shall not exceed 15 percent of the total strength of the Lok Sabha.
2. If a member of either House of Parliament is disqualified on the ground of defection, then such member shall also be disqualified for the post of the minister if he is a minister.
3. The maximum number of ministers including the Chief Minister in the states shall not exceed 15 percent of the total number of members of the Legislative Assembly but the minimum number of ministers including the Chief Minister in the states shall not be less than 12.
4. If a member of either House of the State Legislature is disqualified from membership on the ground of defection, then such member shall also be disqualified for the post of the minister if he is a minister.
5. A member of either House of Parliament or a State Legislature, to whichever party he belongs, if disqualified from membership on the ground of defection, such member shall also be disqualified for holding any profitable political office. such post means- (i) any post under the Central or State Government where salaries and other facilities are paid for that post from the public revenue, or (ii) any post under the direct or indirect control of the Central or State Government; Posts where salary and other facilities are paid from the public revenue for that post, except where the salary or remuneration is of a compensatory nature.
6. The provision mentioned in the Tenth Schedule, according to which one-third of the members of a party cannot be disqualified if they defect, this provision has been abolished. This means that the guilty do not get any protection on the basis of division.
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