91st Amendment Act of Indian Constitution
We have already discussed
in our previous articles that, the president is advice by
the council of ministers and on there advice the president
is bound to take action
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91st amendment Act of Indian constitution
Article 74 of the Constitution - It states that the total number of Ministers
including Prime Minister, in the COM (Council of Ministers) shall not exceed
15% of the total members of Lower house of Parliament
Accepting the suggestions made by Parliamentary standing
committee on Home Affairs and the law passed by Lower house and Upper House of
parliament in the year 2003, the constitution 91st amendment
received president assent and is described as below
91st Amendment act, 2003 – Relates to the anti defection laws and Restricting
the size of the council of ministers to aid and advice the President
Types of ministers in the Indian parliament house we will
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91st Amendment act sates that the size of the council of ministers
and in the respective state governments should not be more than 15%
(Fifteen Percent) of the total members of lower house (i.e. 15%
strength of Lok Sabha in the parliament and 15% strength of lower houses of
respective states legislatures (the minimum strength in the case of small
states (Sikkim, Mizoram, Goa) is being 12 due to lower strength of the
Legislative assembly of that states) Sikkim - 32, Mizoram – 40, Goa - 40
91st Amendment act of Indian constitution also state that person who
is disqualified under anti-defection law (Schedule 10th of
Indian constitution) shall not be appointed as a minister nor hold and
remunerative political post from the period of disqualification
Before the 91st amendment act Prime Minister
under his discretion can appoint any number of members in his council of
ministers
President of India
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