Introduction 

• On 7^th July 2004, 91^st Constitution Amendment Act came into force. 
• The amendment was necessary because of the complete disregard by the leaders for the defection guidelines. 
• The amendment puts a limit on the council of ministers and prevents the defaulters from holding public offices. 

Historical Background of 91st Constitution Amendment Act,2003 

• Dinesh Goswami Committee (1990) on electoral reforms: 
  • Disqualification provisions were proposed by the committee. 
  • The determining authority consist of President/Governor. 
• Haleem Committee (1998): 
  • A full clarification of the terms “voluntarily giving up political party membership’ and ‘political party.’ 
  • Certain limitations to be faced by the expelled members on holding government post. 
• 170^th Law Commission Reports (1999): 
  • Under the anti-defection statute, electoral fronts be treated as political parties. 
  • Whips should be limited only when the government is threatened. 
  • The rule of splits and mergers has to be removed. 
• Constitution Review Commission (2002): 
  • Defectors be barred from entering the pub liv office or any other political position. 
  • Defector's vote shall be regarded as void if cast to overthrow the government. 

Detailed Analysis of the 91st Constitution Amendment Act,2003 

• There were a total of four amendments made by the 91st Constitution Amendment which are as follows: 
  • Article 75: 
    • Clause (1A) and Clase (1B) were inserted as: 
      • Clause (1A) states that the total number of ministers, including the Prime Minister, in the council of Ministers shall not exceed 15% of the total number of the members of the House of the people. 
      • Clause (1B) states that a member of either House of Parliament belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to either House of Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier. 
  • Article 164: 
    • Clause (1A) and Clause (1B) were inserted as below: 
      • Clause (1A) states that the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State. 
      • Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve. 
      • Provided further that where the total number of Ministers including the Chief Minister in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent. or the number specified in the first proviso, as the case may be, then, the total number of Ministers in that State shall be brought in conformity with the provisions of this clause within six months from such date as the President may by public notification appoint. 
      • Clause (1B) states that a member of Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier. 
  • Article 361 B: 
    • A new article stating Disqualification for appointment on remunerative political post was inserted as: 
      • Clause (1) states that a member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier. 
  • 10^th Schedule: 
    • in paragraph 1, in clause (b), the words and figure “paragraph 3 or, as the case may be,” shall be omitted 
    • in paragraph 2, in sub-paragraph (1), for the words and figures “paragraphs 3, 4 and 5”, the words and figures “paragraphs 4 and 5” shall be substituted; 
    •  paragraph 3 shall be omitted 

Salient Features of the 91st Amendment Act 

• The total number of ministers, including the Prime Minister, in the council of Ministers shall not exceed 15% of the total number of the members of the House of the people.   
• Members barred under anti defection from either house of the parliament shall be barred from serving as a minister. 
• The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State.  
• The number of Ministers, including Chief Minister in a State shall not be less than twelve. 
• Members barred under anti defection from either house of the state legislature shall be barred from serving as a minister. 
• Any member of either house of the parliament or state legislature barred by defection shall also be barred from holding any remunerative political office. 
• The exemption given under 10th Schedule from disqualification was abolished. 

Conclusion 

The 91^st Constitutional amendment was made due to the formation of jumbo cabinets and to limit the massive budgets made by the states. The law in some way curbed the menace but there were also some loopholes due to which the best result was not attained.