Presidential assent for Anti –Defection Bill
CHIEF MINISTERS ASKED TO RESTRICT SIZE OF COUNCIL OF MINISTERS
The Minister of Law and Justice, Shri Arun Jaitley, has written letters along with the copies of the Constitution (Ninety-first Amendment) Act, 2003 and the Notification dated the January 7 2004, to the Chief Ministers of all States to bring the size of the Council of Ministers in conformity with the provisions of the newly inserted clause (1A) in article 164 of the Constitution within six months if the total number of Ministers exceeds the said limit.
The Parliament in its recently concluded session has passed the Constitution (Ninety-seventh Amendment) Bill, 2003 incorporating the suggestions made by the Department-related Parliamentary Standing Committee on Home Affairs, on December 16, 2003 (Lok Sabha) and on December 18, 2003 (Rajya Sabha). The said constitution amendment received the assent of the President as the Constitution (Ninety-first Amendment) Act, 2003. The said Act provides:-
(i) that the size of the Council of Ministers in the Union Government and in a State Government should not be more than fifteen per cent. of the total number of Members of the Lower House of the Parliament/State Legislature (the minimum strength of Ministers in case of smaller States being twelve). The second proviso to the clause (1A) of article 164 of the Constitution provides that where the size of the Council of Ministers exceeds the said fifteen per cent. or the number specified in that clause, then the total number of Ministers shall be brought in conformity with the provisions of the clause within a period of six months from the date notified for the purpose by the President;
(ii) that a person disqualified under the anti-defection law shall not be appointed as a Minister nor hold any remunerative political post for the duration of the period commencing from the date of his disqualification where he contests any election to either House of Parliament/State Legislature before the expiry of such period, till the date on which he is declared elected, whichever is earlier. The “remunerative political post” means any office-
(a) under the Central Government or the State Government where the salary or remuneration for such office is paid out of the public revenue of the Central Government or the State Government, as the case may be; or
(b) under a body, whether incorporated or not, which is wholly or partially owned by the Central Government or the State Government and the salary or remuneration for such office is paid by such body,
except where such salary or remuneration paid is compensatory in nature’; and
(iii) for omission of para 3 of the Tenth Schedule of the Constitution so as to bring split of political parties within the purview of disqualification based on defection.
(Release ID :615)