UPSC MainsPUBLIC-ADMINISTRATION-PAPER-II202310 Marks150 Words
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Q3.

The Ninety-First Constitutional Amendment Act successfully right-sized the Council of Ministers both at Union and State levels. Comment.

How to Approach

This question requires a critical assessment of the impact of the Ninety-First Constitutional Amendment Act, 2003, on the size of the Council of Ministers. The answer should move beyond a simple description of the Act and analyze whether it truly ‘right-sized’ the Council. Focus on the provisions of the Act, the rationale behind it, its limitations, and the practical outcomes observed since its implementation. Structure the answer by first introducing the context, then detailing the provisions, analyzing its success, and finally concluding with a balanced perspective.

Model Answer

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Introduction

The Indian Constitution, while establishing a parliamentary form of government, initially lacked specific provisions regarding the maximum size of the Council of Ministers. This led to situations where governments, particularly at the state level, appointed excessively large ministries, often driven by political considerations rather than administrative efficiency. The Ninety-First Constitutional Amendment Act, 2003, was enacted to address this issue, aiming to provide a more pragmatic and efficient governance structure by imposing limits on the number of ministers. This amendment sought to balance the need for adequate representation with the principles of accountability and effective decision-making.

Provisions of the Ninety-First Amendment Act, 2003

The Act amended Articles 75 (Union Council of Ministers) and 164 (State Council of Ministers) of the Constitution. Key provisions include:

  • Union Council of Ministers: The total number of ministers, including the Prime Minister, cannot exceed 15% of the total strength of the Lok Sabha.
  • State Council of Ministers: The total number of ministers, including the Chief Minister, cannot exceed 15% of the total strength of the Legislative Assembly. However, this limit can be relaxed to a maximum of 20% in situations of coalition governments.
  • Minimum Number of Ministers: The Act also stipulates a minimum number of ministers to ensure adequate representation.

Rationale Behind the Amendment

Several factors prompted the enactment of the Ninety-First Amendment:

  • Financial Burden: Large ministries placed a significant strain on the exchequer due to salaries, allowances, and perks.
  • Administrative Inefficiency: A bloated Council of Ministers often led to coordination problems, delayed decision-making, and a lack of accountability.
  • Political Considerations: The practice of accommodating all sections of society and coalition partners through ministerial positions often compromised administrative efficiency.
  • Recommendations of Commissions: Various commissions, including the Second Administrative Reforms Commission (2008), had advocated for limiting the size of the Council of Ministers.

Has the Act Successfully ‘Right-Sized’ the Council of Ministers?

While the Act has undoubtedly imposed a ceiling on the number of ministers, its success in truly ‘right-sizing’ the Council is debatable.

  • Reduced Size: The Act has demonstrably reduced the size of ministries in many states, leading to some cost savings and improved coordination. For example, several states like Uttar Pradesh and Bihar significantly reduced their ministerial strength after the amendment.
  • Coalition Challenges: The 20% relaxation for coalition governments has often been utilized, negating the intended effect of the amendment in many states. This has led to situations where states with unstable coalition governments still have relatively large ministries.
  • Focus on Numbers, Not Quality: The amendment focuses solely on the *number* of ministers and does not address the *quality* or *efficiency* of those appointed. A smaller ministry is not necessarily a more effective ministry.
  • Circumvention through Departments: Some states have attempted to circumvent the limitations by creating a large number of Ministers of State (Independent Charge), effectively diluting the principle of collective responsibility.

Comparative Analysis: Pre and Post Amendment

Feature Pre-Amendment (Before 2003) Post-Amendment (After 2003)
Maximum Size (Union) No constitutional limit 15% of Lok Sabha strength
Maximum Size (State) No constitutional limit 15% of Legislative Assembly strength (20% for coalitions)
Administrative Efficiency Often compromised due to large size Potentially improved, but dependent on coalition dynamics and quality of ministers
Financial Burden High due to large ministerial salaries and perks Reduced in some states, but impact varies

Conclusion

The Ninety-First Constitutional Amendment Act was a significant step towards rationalizing the size of the Council of Ministers in India. While it has successfully imposed a ceiling on the number of ministers and led to some cost savings, its effectiveness has been limited by the provision for relaxation in coalition governments and its failure to address the quality of appointments. A truly ‘right-sized’ Council of Ministers requires not just numerical limits, but also a focus on merit, efficiency, and accountability, alongside reforms in the allocation of portfolios and the functioning of the government.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Collective Responsibility
A cornerstone of the parliamentary system, collective responsibility dictates that the Council of Ministers is collectively responsible to the legislature. This means that the entire ministry stands or falls together, even if a particular minister disagrees with a policy decision.
Minister of State (Independent Charge)
A Minister of State who is assigned independent charge of a specific portfolio, effectively functioning as a cabinet minister for that portfolio, but without the full rank and privileges.

Key Statistics

In 2019, the Union Council of Ministers had 58 members, which was within the 15% limit of the Lok Sabha’s total strength (543 members). (Source: PRS Legislative Research, as of knowledge cutoff 2023)

Source: PRS Legislative Research

According to a study by the Centre for Policy Research (2015), the average size of state cabinets in India decreased by approximately 15% after the implementation of the 91st Amendment. (Source: CPR, as of knowledge cutoff 2023)

Source: Centre for Policy Research

Examples

Karnataka Coalition Government (2018-2019)

The coalition government in Karnataka between the JD(S) and Congress extensively utilized the 20% relaxation provision, resulting in a large Council of Ministers despite the inherent instability of the coalition.

Frequently Asked Questions

Does the 91st Amendment apply to Deputy Chief Ministers?

Yes, Deputy Chief Ministers are considered ministers and are included within the overall limit of 15% (or 20% for coalitions) of the Legislative Assembly’s strength.

Topics Covered

PolityConstitutional LawParliamentExecutive