What is the maximum number of Ministers allowed in the Council of Ministers, including the Prime Minister, as per the 91st Amendment Act?

Question

Question

This question was previously asked in

RRB JE CE 22 Apr 2025 Shift 2 CBT 2 Official Paper

Answer 1

The correct answer is 15% of Lok Sabha strength.

Key Points

The 91st Amendment Act of 2003 placed a restriction on the size of the Council of Ministers to enhance efficiency and reduce unnecessary expenditure.
As per the amendment, the total number of Ministers, including the Prime Minister, cannot exceed 15% of the total strength of the Lok Sabha.
This rule applies to both the Union Government and State Governments in India.
The amendment was made to curb the practice of appointing an excessive number of Ministers for political gains.
The provision is included under Article 75 (for the Union) and Article 164 (for the States) of the Indian Constitution.

Additional Information

91st Constitutional Amendment Act, 2003:
- Aimed at ensuring a more stable and transparent government by restricting the size of the Council of Ministers.
- Also introduced provisions to disqualify defectors from holding public office.
Article 75:
- Deals with the appointment of the Prime Minister and other Ministers.
- Specifies the limit on the size of the Union Council of Ministers as per the 91st Amendment.
Article 164:
- Relates to the appointment of Chief Ministers and other Ministers in the States.
- Similarly restricts the size of the State Council of Ministers to 15% of the total strength of the State Legislative Assembly.
Reasons for the Amendment:
- To address the issue of oversized Cabinets that often led to inefficiencies.
- To curb the misuse of ministerial appointments for political patronage.
Other Related Provisions:
- The amendment also ensured that a person disqualified under the anti-defection law cannot be appointed as a Minister.
- Strengthened the anti-defection provisions under the Tenth Schedule of the Constitution.