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The Constitution (91st Amendment) Act, 2003, provides for which of the following?
1. Restricts size of the Council of Minister at 15% of the total number of members of the Lok Sabha and the State Legislative Assembly.
2. A member disqualified under the Tenth Schedule shall also be disqualified to be appointed as a Minister.
3. It omitted a provision from the Tenth Schedule, which exempted disqualification on the grounds of split in the political party.
Select the correct answer using the code given below:
- a)1 and 2 only
- b)2 and 3 only
- c)1 and 3 only
- d)1, 2 and 3
Correct answer is option 'D'. Can you explain this answer?
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The Constitution (91st Amendment) Act, 2003, provides for which of the...
Explanation:
1. Restricts size of the Council of Minister:
- The Constitution (91st Amendment) Act, 2003, restricts the size of the Council of Ministers at both the Union and State levels.
- According to this amendment, the size of the Council of Ministers cannot exceed 15% of the total number of members in the Lok Sabha and the State Legislative Assembly.
2. Disqualification under the Tenth Schedule:
- The Act also provides that a member who has been disqualified under the Tenth Schedule of the Constitution (Anti-defection law) shall also be disqualified from being appointed as a Minister.
- This provision aims to prevent individuals who have violated the anti-defection law from holding ministerial positions.
3. Omission of provision exempting disqualification:
- One of the key changes brought about by the 91st Amendment Act is the omission of a provision from the Tenth Schedule that previously exempted disqualification on the grounds of a split in a political party.
- This amendment removed the loophole that allowed members to defect without facing disqualification by claiming to have split from their party.
Therefore, the correct answer is option 'D', as all three statements are true regarding the provisions of the Constitution (91st Amendment) Act, 2003.
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The Constitution (91st Amendment) Act, 2003, provides for which of the...
The Constitution (91st Amendment) Act, 2003, provided for all of the above. Constitution 91st Amendment omitted Paragraph 3 and also limited the size of the Council of Ministers. The 91st Amendment has added Articles 75(1A), 75(1B), 164(1A), 164(1B) and 361B to the Indian Constitution.
- Article 75 (1A): The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total number of members of the House of the People.
- Article 75 (1B): A member of either House of the 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 the Parliament before the expiry of such period, till the date on which he is declared elected, whichever is earlier.
- Article 164 (1A): The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed 15% of the total number of members of the Legislative Assembly of that State.
- Article (1B): A member of the 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.
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The Constitution (91st Amendment) Act, 2003, provides for which of the following?1. Restricts size of the Council of Minister at 15% of the total number of members of the Lok Sabha and the State Legislative Assembly.2. A member disqualified under the Tenth Schedule shall also be disqualified to be appointed as a Minister.3. It omitted a provision from the Tenth Schedule, which exempted disqualification on the grounds of split in the political party.Select the correct answer using the code given below:a)1 and 2 onlyb)2 and 3 onlyc)1 and 3 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?
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