Why this matters now
The 91st Amendment is tested for its impact on (a) the anti-defection law — closing the most-abused loophole; (b) constitutional caps on Council of Ministers size — preventing jumbo cabinets used to buy political loyalty.
Context: NCRWC + 1985 to 2003
Between 1985 (52nd Amendment) and 2003, the Tenth Schedule’s Paragraph 3 split exemption — allowing 1/3rd of a legislature party to escape disqualification — had been abused repeatedly (Karnataka 1988, UP 1995, Goa 1990s, etc.). The National Commission to Review the Working of the Constitution (NCRWC) under Justice M.N. Venkatachaliah (2000-02) recommended its removal. PM Atal Bihari Vajpayee’s NDA pushed the Bill through Parliament.
Key changes
| Area | Change |
|---|---|
| Tenth Schedule | Paragraph 3 REMOVED — the 1/3rd split exemption is gone. Only the 2/3rd merger exemption (Para 4) remains. |
| Article 75(1A) | Council of Ministers at Centre capped at 15% of total Lok Sabha strength — max 91 in a 543-member Lok Sabha. Minimum 12 (so small states with small parliament representation aren’t squeezed). |
| Article 75(1B) | A disqualified legislator cannot be appointed Minister till his disqualification period ends. |
| Article 164(1A) | Council of Ministers in States capped at 15% of Legislative Assembly strength; minimum 12. |
| Article 164(1B) | Disqualified MLA cannot be Minister till disqualification ends. |
| Article 361B | Disqualified Member cannot hold any remunerative political post (Cabinet rank/Minister rank office, Parliamentary Secretary etc.) till the disqualification period ends. |
Impact
The 1/3rd-split route to defection vanished. Defectors now face an uphill battle to either (a) secure a 2/3rd merger or (b) accept disqualification and contest a by-election under the new party. Several state Cabinets — UP, MP, Maharashtra — had to be trimmed to meet the 15% cap. Recent defection cases (Karnataka 2019, MP 2020, Maharashtra 2022) have tested the post-91st rules, with the Supreme Court intervening on Speaker delays in deciding disqualification.
UPSC angle
Know 91st Amendment 2003 — removed Tenth Schedule Para 3 split exemption (1/3rd); 2/3rd merger exemption retained (Para 4); Council of Ministers capped at 15% of Lok Sabha (Article 75(1A))/State Legislative Assembly (Article 164(1A)), min 12; disqualified Member cannot be Minister or hold remunerative political post; recommended by NCRWC (Venkatachaliah Commission, 2000-02); PM Vajpayee.
Frequently asked questions
What did the 91st Amendment remove from the Tenth Schedule?
The Paragraph 3 split exemption that earlier allowed 1/3rd of a legislature party to defect without disqualification.
What is the cap on the Council of Ministers?
15% of the Lok Sabha strength at the Centre (max 91) and 15% of each State Legislative Assembly; minimum 12 in either case.
Which commission recommended these changes?
The NCRWC (Venkatachaliah Commission), 2000-2002.
Can a disqualified legislator be appointed a Minister?
No — Articles 75(1B), 164(1B) and 361B bar it till the disqualification period ends.