91st Amendment Act, 2003, and Removal of the “Split” Exception
Indian Polity › Anti-Defection Law · Topic 24.4
The 91st Amendment Act, 2003 deleted the split exception, capped ministers at 15% of the House (minimum 12 in a state) and barred disqualified defectors from ministership and remunerative political posts.
5 min read · UPSC Prelims · Polity · Anti-Defection Law
At a Glance
- What it is The 2003 amendment that strengthened the anti-defection law and limited council sizes
- Year 2003
- Cap on ministers 15% of the House; minimum 12 in a state
- Main change Split exception deleted
- Exam link UPSC Prelims, Polity: Anti-Defection Law
Where Does It Fit?
This is the fourth topic of the category on the Anti-Defection Law. The 91st Amendment Act of 2003 limited the size of the Council of Ministers, debarred defectors from holding public offices and strengthened the anti-defection law by removing the split exception.
Why the Amendment Was Made
The Government gave several reasons. Demands were made from time to time to strengthen the law because it had not been able to achieve the goal of checking defections. It was also criticised for allowing bulk defections while declaring individual defections illegal, and the exemption for splits in particular had come under severe criticism on account of its destabilising effect on governments. The Committee on Electoral Reforms (Dinesh Goswami Committee) in 1990, the Law Commission of India in its 170th Report on Reform of Electoral Laws (1999) and the National Commission to Review the Working of the Constitution in 2002 recommended omission of the split exemption. The NCRWC also felt that a defector should be penalised by being barred from holding any public office as a minister or other remunerative political post for the remaining term of the legislature or until the next election, whichever is earlier, and noted that abnormally large councils of ministers should be prohibited by law, with a ceiling of 10% of the strength of the popular House.
Provisions of the Amendment
- The total number of ministers, including the Prime Minister, in the Central Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha.
- A member of either House of Parliament belonging to a political party who is disqualified on the ground of defection shall also be disqualified to be appointed a minister.
- The total number of ministers, including the Chief Minister, in a state shall not exceed 15% of the total strength of the Legislative Assembly, but shall not be less than 12.
- A member of either House of a state legislature belonging to a political party who is disqualified on the ground of defection is also disqualified to be appointed a minister.
- A member of either House of Parliament or a state legislature belonging to a political party who is disqualified on the ground of defection is also disqualified to hold any remunerative political post.
- The provision of the Tenth Schedule exempting disqualification in the case of a split by one-third of the members of the legislature party has been deleted.
What the Split Exception Was
Originally the Tenth Schedule protected members from disqualification if one-third of the members of the legislature party left to form a separate group, called a split. This allowed group defection while individual defection was punished, which critics described as banning only retail defections and legalising wholesale ones. After the 91st Amendment, only a merger of the party with another party, agreed by two-thirds of the members, protects members. A split no longer does. The change closed what was seen as a loophole which destabilised governments.
| Before 2003 | After 2003 |
|---|---|
| Split by one-third of the legislature party protected | No protection for a split |
| Merger by two-thirds protected | Merger by two-thirds still protected |
| Defector could be minister | Disqualified defector cannot be a minister |
| No cap on council size | Council capped at 15% of the House (minimum 12 in a state) |
| Defector could hold paid political posts | Barred from remunerative political posts |
Related Provisions on Council Size
Article 75(1A) and Article 164(1A) now limit the number of ministers, and Article 75(1B) and Article 164(1B) disqualify defectors from becoming ministers. Article 361B bars defectors from holding any remunerative political post. The expression ‘remunerative political post’ covers offices under the Central or state governments where the salary is paid out of public revenue, and offices under bodies wholly or partly owned by those governments where the remuneration is paid by such body, except compensatory payments. The 15% cap is discussed in the category on the Prime Minister and Council of Ministers and applies at both levels.
Why Is This Topic Important?
- Frequent facts Cap of 15% and minimum of 12 for states
- Split exception Deletion is asked directly
- Three committees Goswami, Law Commission, NCRWC
What Came Next?
The next topic covers judicial interpretation of the anti-defection law, including the Kihoto Hollohan case.
Key People and Terms
- Split Group defection by one-third
- Remunerative political post Paid public office
- Goswami Committee 1990 electoral reforms body
- NCRWC Constitution review commission
- 15% cap Limit on ministers
Exam Corner
Points to Remember
- Cap: 15% of the House; state minimum 12.
- Split exception deleted.
- Defectors barred from ministership and paid political posts.
- Recommended by Goswami, 170th Law Commission Report, NCRWC.
Do Not Confuse With
- Split and merger Split not protected; merger protected
- 91st and 52nd Amendments Reform versus original law
- Cap for the Centre and states Both 15%; state minimum 12
Memory Hook
Fifteen percent, minimum twelve, no minister defectors, and no more splits.
Mains Angle
Questions on this topic usually ask about the effect of the 91st Amendment. Use these points to add depth.
- Retail versus wholesale Split exception removed
- Size of ministry Cap prevents jumbo councils
- Penalties Office benefits denied
- Recommendations Three bodies
A Question You May Face
An original practice question, not a past paper question.
“Examine the changes made by the 91st Amendment to curb defections.”
How to Answer
- Introduction Reasons.
- Provisions Six.
- Effect Split removed.
- Conclusion Remaining gaps.
GS Relevance
Frequently Asked Questions
What did the 91st Amendment Act, 2003 do?
It capped the number of ministers at 15% of the House at both Union and state levels, disqualified defectors from ministership and remunerative political posts, and deleted the exception for splits by one-third of the legislature party in the Tenth Schedule.
What is the minimum number of ministers in a state?
The total number of ministers, including the Chief Minister, in a state shall not exceed 15% of the strength of the Legislative Assembly, but the number shall not be less than 12, which allows small states a workable council.
What was the split exception?
Originally, members were exempt from disqualification if one-third of the legislature party split away. Critics said it banned only retail defections and legalised wholesale defections, and its deletion means defectors have no more protection on grounds of splits.
Which bodies recommended deleting the split exception?
Three bodies did: the Dinesh Goswami Committee on Electoral Reforms (1990), the Law Commission in its 170th Report on Reform of Electoral Laws (1999) and the NCRWC (2002), each recommending omission of the provision exempting splits from disqualification.
What is a remunerative political post?
It is an office under the Central or a state government where the salary is paid from public revenue, or under a body wholly or partly owned by them where the remuneration is paid by that body, except where the pay is compensatory in nature.
PYQ Practice — Statement Analysis
1 The 91st Amendment capped ministers at 10% of the House.
15%; NCRWC suggested 10%.
2 A state council of ministers can have fewer than 12 ministers.
Minimum 12 including the Chief Minister.
3 After 2003 a split by one-third of the party is protected.
Deleted.
4 Disqualified defectors cannot become ministers.
Under the 91st Amendment.
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