Dear readers, today we will learn about 91 amendment of Indian constitution. Constitutional amendments are essential changes or additions made to the Constitution to address emerging needs, correct existing issues, or adapt to new realities. They ensure that the Constitution remains a living document, capable of evolving with the times while upholding democratic principles. In India, amendments play a crucial role in shaping governance, politics, and society.
The 91st Amendment of the Indian Constitution, passed in 2003, was a significant step aimed at tackling political instability caused by frequent defections and the over-expansion of the Council of Ministers. The country had been witnessing a troubling trend where elected representatives would often switch parties, leading to unstable governments, political bargaining, and unnecessary ministerial appointments. This amendment sought to bring order to the system, curb unethical practices, and promote responsible governance.
So, what did the 91st Amendment change? It set strict limits on the size of the Council of Ministers, ensuring that governments couldn’t inflate their numbers to accommodate political allies. It also strengthened anti-defection laws, making it harder for lawmakers to switch parties without facing consequences. These changes had a profound impact on how governments function, promoting more stability and reducing political chaos.
In this blog, we’ll explore the background, features, and implications of the 91st Amendment, and how it shaped India’s political landscape. You are requested to keep visiting our website lawpuzzle.in daily so that all your doubts are cleared.
Background of 91 amendment of Indian constitution
Historical Context Leading to the 91st Amendment Act,2003
Indian politics in the 1980s and 1990s was marked by frequent changes in government, especially at the state level. This period saw a rise in coalition governments, where multiple political parties came together to form a ruling alliance. While coalitions allowed for diverse representation, they also brought challenges, particularly with party members switching allegiances or “defecting” to other parties. These defections often led to political instability, causing governments to collapse before completing their term.
The problem of defections was not new. It had been a part of Indian politics since the late 1960s. The term “Aya Ram, Gaya Ram” originated during this period, referring to legislators who frequently switched parties for personal gains or political favors. Such actions disrupted the democratic process, as elected representatives betrayed the trust of the voters who had elected them based on party affiliation.
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Issues of Political Instability Due to Frequent Defections
Frequent defections created a situation where no government was stable enough to focus on long-term development or effective governance. Governments had to constantly negotiate with party members to keep their support, often resulting in political bargaining and corruption. Lawmakers who defected did so to secure ministerial positions or other benefits, leading to a culture where loyalty to the party and its policies took a back seat. This practice not only weakened governments but also led to a lack of accountability and transparency in politics.
To address these issues, the Indian Parliament introduced the 52nd Amendment Act, 1985, which added the 10th Schedule to the Constitution, popularly known as the anti-defection law.
Overview of the Existing Anti-Defection Law under the 52nd Amendment (1985)
The 52nd Amendment was a landmark step aimed at curbing the practice of party-hopping. The law sought to disqualify legislators who switched parties after being elected, thus preventing them from using their position for personal gains. Key features of the anti-defection law under this amendment included:
1. Disqualification for Defection: A member of a legislative body would lose their seat if they voluntarily gave up membership of their party or voted against the party’s directives (unless they obtained prior permission).
2. Exemption for Splits and Mergers: The law allowed exemptions if a split occurred, where at least one-third of the members of a legislative party defected together. Such splits were not considered grounds for disqualification. Additionally, if two-thirds of the members of a party agreed to merge with another party, it was seen as a legal move.
While the 52nd Amendment was a positive step, it had its flaws. The exemption for splits was widely misused, as parties would engineer mass defections, exploiting the loophole to avoid disqualification. This practice continued to contribute to political instability, and it became clear that more stringent measures were needed to curb defections effectively.
This realization led to the introduction of the 91st Amendment Act, 2003, which aimed to tighten the anti-defection law and limit the size of the Council of Ministers to prevent unnecessary appointments.
Key Objectives of 91 amendment of Indian constitution
Strengthen Anti-Defection Measures
- The primary objective was to close loopholes in the existing anti-defection law. The amendment aimed to ensure that lawmakers could not easily switch parties for personal gains without facing consequences. By tightening the rules, the amendment sought to maintain party discipline and uphold the integrity of elected representatives.
Limit the Size of the Council of Ministers
- Another important goal was to restrict the number of ministers in both the Central and State governments. Before the amendment, governments could appoint as many ministers as they wanted, often as a way to secure political support. The amendment capped the size of the Council of Ministers to 15% of the total strength of the Lower House (Lok Sabha or State Legislative Assembly), ensuring a more streamlined and efficient government.
Ensure Political Stability
- By addressing both defections and oversized ministries, the amendment sought to bring more stability to Indian politics. It aimed to curb practices that led to unstable governments, such as party-hopping and excessive political bargaining, which had earned the term “Aya Ram, Gaya Ram” politics.
Key Features of 91 amendment of Indian constitution
Strengthening Anti-Defection Law
The amendment made significant changes to the 10th Schedule of the Constitution. It removed the provision that allowed a group of one-third of legislators to defect without facing disqualification. Now, only a merger involving at least two-thirds of the members of a legislative party could be considered legal, reducing the scope for mass defections.
Restriction on the Number of Defections
- With stricter rules, the amendment ensured that individual or small group defections could no longer bypass anti-defection provisions. This made it harder for lawmakers to switch allegiances without legitimate reasons, promoting political stability.
Limiting the Size of the Council of Ministers
- The amendment introduced a cap that limited the size of the Council of Ministers to 15% of the total strength of the Lower House. This was to prevent the practice of appointing excessive ministers simply to reward political allies.
- By controlling the number of ministers, the amendment helped reduce unnecessary appointments and government expenditure, ensuring that the government remained focused and efficient.
Impact of the 91st Amendment
On Political Stability
- The amendment played a crucial role in discouraging party-hopping, leading to more disciplined behavior among party members. Lawmakers were less likely to switch parties for personal gains, ensuring more consistent governance.
- It also reduced the instances of political bargaining for ministerial positions, as there was a clear limit on how many ministers could be appointed, regardless of coalition pressures.
On Governance
- By capping the size of the Council of Ministers, the amendment streamlined government structures at both state and national levels. This led to more efficient decision-making, as smaller teams could coordinate and function better.
- It also helped reduce government expenditure, as there were fewer unnecessary appointments, ensuring funds could be better allocated for development and public welfare.
Criticism and Challenges 91 amendment of Indian constitution
Concerns About Political Instability
- While the Amendment 91st helped address some aspects of political instability, it did not solve all problems. Issues like coalition pressures and strategic political alliances still led to complex political scenarios that the amendment could not fully address.
Implementation and Loopholes
- There were concerns about the practical implementation of the amendment. Despite stricter rules, some politicians found ways to exploit loopholes, using strategic alliances and mergers to bypass the anti-defection law without technically violating it.
Bypassing the Spirit of the Law
- Political alliances and arrangements, such as pre-election mergers or strategic seat-sharing, were often used to circumvent the spirit of the anti-defection law. This showed that, while the amendment addressed direct defections, there was still a need for more comprehensive measures to tackle political instability.
Conclusion
The 91st Amendment marked an important step toward ensuring stable and efficient governance in India. By tightening anti-defection laws and limiting the size of the Council of Ministers, it addressed two major issues that had long affected the political landscape. While it brought much-needed changes, the amendment has not fully eliminated political instability. There are still instances where the spirit of the law is bypassed through strategic political maneuvers.
In the end, the amendment has contributed significantly to promoting more disciplined political behavior and streamlined governance. However, to ensure long-term stability, there is a need for continued reforms that address the evolving challenges of coalition politics, governance efficiency, and accountability.
Call to Action
What do you think about the impact of the 91st Amendment on Indian politics? Has it been effective in ensuring political stability? Share your thoughts in the comments below!
What is the 91st Amendment of the Indian Constitution?
When was the 91st Amendment Act enacted?
Why was the 91st Amendment introduced?
What are the key provisions of the 91st Amendment Act?
– Disqualification of defectors: It disqualifies elected representatives who defect (switch parties) after the election from holding any ministerial post until the next election, preventing them from taking advantage of changing partie
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