97 Amendment of Indian Constitution : Provisions, Limitation
The 97 Amendment of Indian Constitution, enacted in 2003, is a significant legislative change aimed at promoting political stability and preventing the proliferation of political defections. This amendment was introduced to address the issues arising from the frequent switching of political loyalties by elected representatives, which often led to instability in government and governance.
Key Provisions of the 97 Amendment
1. Restriction on the Size of the Council of Ministers:
- One of the key provisions of the 97 Amendment is the restriction on the size of the Council of Ministers. According to this amendment, the total number of ministers, including the Prime Minister or Chief Minister, in the Central and State governments, respectively, shall not exceed 15% of the total number of members in the Lok Sabha or the State Legislative Assembly.
2. Disqualification on Grounds of Defection:
- The amendment strengthens the provisions related to disqualification on grounds of defection. It stipulates that a member of a House belonging to any political party shall be disqualified from being a member of the House if they voluntarily give up their membership of such political party or if they vote or abstain from voting contrary to the directions issued by their political party.
- Historical Background of 97 Amendment of Indian Constitution
- Objective of the 97 Amendment of Indian Constitution
- Provisions of the 97 Amendment of Indian Constitution
- Limitation on the Size of Council of Ministers
- Disqualification of the 97 Amendment of Indian Constitution
- Impact on Political Parties of 97 Amendment of Indian Constitution
- Judicial Interpretation of 97 Amendment of Indian Constitution
- Criticism and Controversies of 97 Amendment of Indian Constitution
- Frequently Asked Question (FAQs)
Historical Background of 97 Amendment of Indian Constitution
Need for the 97 Amendment
1. Political Stability:
- The steady switching of celebration allegiance through legislators brought about common adjustments in government, destabilizing the political environment. There changed into a clean want to lower such defections to make sure strong governance.
2. Reduction of Corruption:
- The entice of ministerial positions changed into frequently used to trap legislators to disorder from their events. Limiting the scale of the Council of Ministers aimed to lessen the possibilities for such corrupt practices.
3. Effective Governance:
- A bloated Council of Ministers frequently brought about inefficiency and expanded governmental expenditure. By capping the scale, the change sought to streamline the government department for greater powerful governance.
Political Instability withinside the Eighties and Nineteen Nineties:
- The Eighties and Nineteen Nineties noticed severa times of political instability because of defections. Several kingdom governments fell, and coalition governments on the middle had been frequently fragile. in most cases because of individuals defecting to different events for non-public or political gain.
The Tenth Schedule:
- The 52nd Amendment to the Constitution, brought in 1985, introduced the Tenth Schedule, normally referred to as the Anti-Defection Law. However, this regulation had numerous loopholes. inclusive of permitting defections if a massive wide variety of celebration individuals defected together. This brought about the formation of splinter businesses and new events, similarly complicating the political scenario.
Objective of the 97 Amendment of Indian Constitution
Goals and Purpose
1. Enhancing Political Stability:
- One of the number one dreams become to make certain political balance with the aid of using curtailing common defections that brought about the crumble of governments. By strengthening anti-defection laws, the modification aimed to lessen political instability and make certain greater solid governments.
2. Curbing Corruption:
- The modification aimed to lessen the usage of ministerial positions as incentives for defections. By proscribing the dimensions of the Council of Ministers. it sought to save you the distribution of ministerial berths as rewards for switching political loyalties, thereby curtailing corrupt practices.
Key Issues Addressed
Limitation at the Size of the Council of Ministers:
- The modification brought a cap at the quantity of ministers withinside the Central and State governments. mentioning that the entire quantity of ministers, consisting of the Prime Minister or Chief Minister. shall now no longer exceed 15% of the entire quantity of participants of the respective legislative bodies. This addressed the problem of bloated ministries and aimed to make certain a greater streamlined executive.
Disqualification for Defection:
- The modification reinforced the provisions associated with disqualification on grounds of defection. It special that any member of a House who voluntarily offers up their club of a political celebration or votes/abstains. from vote casting opposite to celebration directives could be disqualified from being a member of the House. This aimed to discourage legislators from switching events for private gain.
Provisions of the 97 Amendment of Indian Constitution
Major Changes Introduced
1. Limitation at the Size of the Council of Ministers:
- The modification delivered a cap on the overall variety of ministers in each the Central and State governments.
2. Strengthening Anti-Defection Laws:
- It strengthened the disqualification provisions for elected representatives who illness from their political parties.
3. Prohibition on Ministerial Positions for Disqualified Members:
- The modification barred disqualified participants from being appointed as ministers.
4. Removal of Split Provision:
- The modification removed the availability that allowed a break up if one-0.33 of the participants of a political celebration defected.
Detailed Explanation of Each Provision
1. Limitation at the Size of the Council of Ministers:
- Article 75(1A) and Article 164(1A):
These provisions kingdom that the overall variety of ministers, consisting of the Prime Minister or Chief Minister, withinside the Central authorities or a State authorities, shall now no longer exceed 15% of the overall variety of participants withinside the Lok Sabha (House of the People) or the Legislative Assembly of that State, respectively.
- Purpose: This degree changed into delivered to save you the needless growth of the government branch, which regularly caused inefficiency and extended expenditure. By proscribing the variety of ministers, the modification aimed to make sure a extra streamlined and powerful governance structure.
2. Strengthening Anti-Defection Laws:
- Article 75(1B) and Article 164(1B):
These provisions specify that a member of Parliament or a State Legislature who’s disqualified beneathneath the Tenth Schedule (Anti-Defection Law) shall additionally be disqualified from being appointed as a minister.
- Purpose: This provision changed into aimed toward ultimate a loophole in which disqualified participants should pass the disqualification through being appointed to ministerial positions. It strengthened the anti-defection measures through making sure that defection might bring about a entire lack of political power.
Limitation on the Size of Council of Ministers
Provision Details:
- Article 75(1A) (Central Government): States that the entire variety of ministers, which includes the Prime Minister, ought to now no longer exceed 15%.
- Article 164(1A) (State Governments): Specifies that the entire variety of ministers, which includes the Chief Minister, ought to now no longer exceed 15% of the entire variety of individuals of the State Legislative Assembly.
Calculation of the 15% Limit:
- Central Government: For the Lok Sabha, which has 545 individuals, the 15% restriction interprets to a most of eighty two ministers (rounded off to the closest complete variety).
- State Governments: For example, in a State Legislative Assembly with two hundred individuals, the 15% restriction could imply a most of 30 ministers.
Purpose of the 15% Rule:
- Streamlining the Executive: The number one goal of the 15% rule is to save you the bloating of the govt branch, that may cause inefficiency and immoderate expenditure. By capping the variety of ministers, the guideline of thumb goals to create a extra streamlined and conceivable Council of Ministers.
- Preventing Political Patronage: The rule allows in curtailing the exercise of granting ministerial positions as rewards for political loyalty or defections, consequently decreasing corruption and making sure a extra merit-primarily based totally allocation of ministerial positions.
Impact on State and Central Governments
Central Government Impact:
- Reduced Ministerial Positions: The rule imposes a clean restriction at the variety of ministers withinside the Central government. This has brought about extra cautious attention of the allocation of ministerial positions and the structuring of the Cabinet.
- Enhanced Efficiency: With fewer ministers, the decision-making method can end up extra efficient. The Prime Minister and senior ministers will have higher coordination.
- Political Stability: By restricting the variety of ministers, the guideline of thumb allows to save you the immoderate enlargement of the Cabinet.
Disqualification of the 97 Amendment of Indian Constitution
Disqualification on Grounds of Defection
1. Enhanced Disqualification Criteria:
- The modification reinforced the standards beneathneath which a member of the legislature will be disqualified for defection. It aimed to shut loopholes that allowed contributors to interchange events.
2. No Reward for Defection:
- By making it extra hard for defector contributors to advantage ministerial positions or different political benefits, the modification sought to cast off incentives for defections and sell political stability.
Detailed Explanation of Provisions Related to Defection
1. Disqualification for Defection:
- Article 102(2) and Article 191(2):
These provisions stipulate that a member of the Parliament or a State Legislature. might be disqualified from being a member in the event that they voluntarily.
- Purpose: This provision ambitions to save you elected representatives from switching events or vote casting towards birthday birthday celebration strains with out dealing with critical repercussions.
2. Disqualification for Split or Merger:
- Amendment to the Tenth Schedule:
The 97 Amendment changed the Tenth Schedule, which offers with the anti-defection legal guidelines. It eliminated the availability that allowed a set of one-1/3 of the contributors of a celebration to cut up.
Impact on Political Parties of 97 Amendment of Indian Constitution
Impact on Political Parties
The 97 Amendment of the Indian Constitution had good sized results at the dynamics of political events, such as modifications of their inner workings and their interactions with smaller events and impartial candidates.
Changes in Party Dynamics
1. Strengthened Party Discipline:
- Impact: The stricter anti-defection provisions ensured that celebration individuals adhered to celebration directives and rules greater rigorously. This brought about a more potent inner field inside events, as individuals had been much less in all likelihood to replace events.
2. Reduced Frequency of Party Splits:
- Impact: By eliminating the availability that allowed a cut up if one-0.33 of the individuals of a celebration defected. the change made it greater difficult for smaller corporations inside a celebration to interrupt away and shape new events.
- Outcome: Political events have become greater stable, with fewer times of fragmentation, main to a greater regular and coherent political landscape.
3. Increased Importance of Party Loyalty:
- Impact: The change strengthened the want for celebration loyalty amongst legislators. With more potent disqualification policies and the prohibition on ministerial positions for defectors, legislators had been incentivized to stay dependable to their events.
- Outcome: Political events may want to depend greater at the loyalty in their individuals, decreasing the chance of defections that would disrupt celebration balance and governance.
4. Strategic Ministerial Appointments:
- Impact: The problem on the scale of the Council of Ministers and the prohibition on appointing disqualified. individuals as ministers compelled events to be greater strategic of their ministerial appointments.
- Outcome: The fine of governance advanced as events centered on appointing succesful and dedicated people to ministerial positions.
Judicial Interpretation of 97 Amendment of Indian Constitution
Key Supreme Court Judgments
1. Kihoto Hollohan vs. Zachillhu (1992):
- Background: This landmark judgment got here earlier than the 97 Amendment however set the degree for expertise the anti-defection laws. The case addressed the scope of the Tenth Schedule (Anti-Defection Act) and the strength of the Speaker in figuring out defection cases.
- Judgment: The Supreme Court held that the Speaker`s choice on defection topics turned into situation to judicial review, however the Court have to exercising restraint and now no longer intrude with the Speaker`s discretion until there’s a clean case of misuse of strength.
2. Rajendra Singh Rana vs. Swami Prasad Maurya (2007):
- Background: This case worried a assignment to the validity of the disqualification of legislators beneathneath the anti-defection law. It addressed troubles associated with the timing and alertness of disqualification provisions.
3. Jaya Bachchan vs. Union of India (2006):
- Background: This case worried the problem of the dimensions of the Council of Ministers and the applicability of the 15% rule. It wondered whether or not the appointments made have been consistent with the constitutional restrict.
- Judgment: The Court held that the constitutional restrict of 15% on the dimensions of the Council of Ministers have to be strictly adhered to, and any extra appointments have been unconstitutional.
- Impact: This judgment strengthened the significance of adhering to the constraints set through the 91st Amendment and furnished readability at the implementation of the 15% rule.
4. S.R. Bommai vs. Union of India (1994):
- Background: Although determined earlier than the 91st Amendment, this situation turned into pivotal in shaping the concepts of federalism and the position.
- Judgment: The Supreme Court set up that the dismissal of a central authority through the Governor have to be primarily based totally.
Criticism and Controversies of 97 Amendment of Indian Constitution
Arguments Against the Amendment
1. Impact on Political Flexibility:
- Criticism: One of the number one criticisms is that the change has decreased the political flexibility of events and legislators. By implementing strict limits at the range of ministers and reinforcing anti-defection legal guidelines.
- Counterpoint: Proponents argue that the regulations are vital to save you the misuse of political electricity and make sure more balance and accountability.
2. Disempowerment of Smaller Parties:
- Criticism: The hassle on the dimensions of the Council of Ministers and the reinforced anti-defection legal guidelines were criticized for disproportionately affecting smaller events.
- Counterpoint: Supporters contend that the modifications are supposed to save you political fragmentation and make sure that handiest sizeable and strong events are capin a position to take part in governance.
3. Reduced Representation of Independent Candidates:
- Criticism: Independent applicants have discovered it tougher to advantage ministerial positions or sizeable have an effect on withinside the political procedure because of the regulations imposed through the change.
- Counterpoint: The goal became to streamline governance and decrease the ability for instability resulting from the inclusion of impartial applicants in ministerial roles.
4. Overemphasis on Party Loyalty:
- Criticism: Critics argue that the change locations immoderate emphasis on celebration loyalty on the cost of character advantage and effectiveness.
- Counterpoint: The change seeks to make sure that celebration participants are responsible and that there may be balance withinside the celebration system.
5. Ambiguities and Enforcement Issues:
- Criticism: There were issues approximately the ambiguities withinside the change`s provisions and the demanding situations in imposing the anti-defection legal guidelines and the 15% rule.
- Counterpoint: Proponents argue that the change affords a clean framework and that any ambiguities may be addressed thru judicial evaluation and legislative clarification.
Freqently Asked Questions (FAQs)
Q1: What is the 97 Amendment of the Indian Constitution?
Ans.The 97 Amendment, enacted in 2003, introduced significant changes to the Indian Constitution, focusing on limiting the size of the Council of Ministers and strengthening anti-defection laws to promote political stability and discipline.
Q2: What is the key provision regarding the size of the Council of Ministers?
Ans.The amendment limits the size of the Council of Ministers to 15% of the total number of members in the legislature. This applies to both the central and state governments.
Q3: How does the 97 Amendment strengthen anti-defection laws?
Ans. The amendment makes it more difficult for legislators to defect by eliminating. the provision that allowed a group of one-third of a party’s members to split and form a new party without facing disqualification.
Q4: What impact did the amendment have on smaller parties?
Ans. The amendment has been criticized for disproportionately affecting smaller parties by making it harder for them to form alliances.
Q5: How did the 97 Amendment affect independent candidates?
Ans. Independent candidates faced increased difficulty in gaining ministerial positions or significant political influence due to the restrictions imposed by the amendment.