In Article 164 of the Constitution of India, after Clause (1), which o

In Article 164 of the Constitution of India, after Clause (1), which one of the following clauses has been inserted ?

The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed ten percent of the total number of members of the Legislative Assembly of that State.

The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed thirty percent of the total number of members of the Legislative Assembly of that State.

The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen percent of the total number of members of the Legislative Assembly of that State.

The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed twenty percent of the total number of members of the Legislative Assembly of that State.

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UPSC SO-Steno – 2018

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Article 164 of the Constitution deals with the provisions relating to Ministers in a State. The Constitution (Ninety-first Amendment) Act, 2003, inserted a new clause, Clause (1A), after Clause (1) of Article 164. This clause specifies the maximum strength of the Council of Ministers in a State. It states that the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen percent of the total number of members of the Legislative Assembly of that State.

This amendment was brought in to curb the practice of having oversized Councils of Ministers, which was seen as contributing to the instability of governments and increasing public expenditure.

The 91st Amendment Act, 2003, also added Clause (1B) to Article 164, which states that a member of a State Legislative Assembly belonging to any political party who is disqualified for being a member of the Assembly on the ground of defection shall also be disqualified to be appointed as a Minister. A similar provision regarding the maximum size of the Council of Ministers (15% of the strength of the Lok Sabha) was also added to Article 75(1A) for the Union Council of Ministers by the same amendment.

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