Article 75(1A) says the Council of Ministers, including the Prime Minister, cannot exceed 15 per cent of the Lok Sabha. The 91st Amendment added it in 2003. This lesson covers the rule, the State version, the defection bar, the ranks the text leaves out and the UPSC question.
Contents
Must know: the 15 per cent cap
What does Article 75(1A) say? Before 2004, the Constitution put no number on the Union Council of Ministers. Clause (1A) now does.
What is the rule?
- The total number of Ministers, including the Prime Minister, shall not exceed 15 per cent of the House of the People.
- The House of the People is the Lok Sabha.
- The cap counts every Minister. It is not limited to the Cabinet.
When did it begin?
- Clause (1A) was inserted by the Constitution (Ninety-first Amendment) Act, 2003, section 2.
- It came into force on 1 January 2004.
- Article 75 sits in Part V, which deals with the Union executive.
Sources: Constitution, Article 75.
Who cannot become a Minister? The same Amendment closed a second door. It stopped defectors from being rewarded with office.
What does Article 75(1B) say?
- A member of either House who belongs to a party can be disqualified under paragraph 2 of the Tenth Schedule. That is the defection rule.
- Such a member is also barred from being appointed a Minister.
- The bar starts on the date of disqualification.
- It ends when the member’s term would expire, or when the member is re-elected, whichever is earlier.
Does the bar cover other posts?
- Article 361B added by the same Amendment covers any remunerative political post.
- The same period of disqualification applies.
Sources: Constitution, Articles 75 and 361B.
Good to know: the State rule
What is the State rule? States got their own version. It is in Article 164, not Article 75.
What is the cap?
- Article 164(1A) caps a State Council at 15 per cent of the Legislative Assembly.
- The Chief Minister is counted in the total.
Is there a minimum?
- Yes. A State must have at least 12 Ministers, including the Chief Minister.
- Article 75(1A) has no such floor for the Union.
What happened to Councils already above the limit?
- Such a State had to comply within six months from a date the President notified.
- The President appointed 7 January 2004 for this.
- Article 164(1B) bars disqualified defectors in the same way as Article 75(1B).
Sources: Constitution, Article 164.
What did the Amendment change? The 91st Amendment touched four places in the Constitution. Each section did one job.
Which sections did what?
- Section 2 inserted clauses (1A) and (1B) in Article 75.
- Section 3 inserted clauses (1A) and (1B) in Article 164.
- Section 4 inserted Article 361B on remunerative political posts.
- Section 5 omitted paragraph 3 of the Tenth Schedule.
What did paragraph 3 do?
- It protected a split in a legislature party from disqualification.
- Removing it ended that shield.
- Defection by a split is now no defence.
Sources: Constitution, Tenth Schedule.
Great to know: what the text leaves out
What is left out? Newspapers speak of Cabinet Ministers and Ministers of State. The Constitution says less.
What do Articles 74 and 75 say?
- Article 74(1) creates a Council of Ministers with the Prime Minister at the head.
- Article 75(1) says the President appoints the Prime Minister. The President appoints other Ministers on the Prime Minister’s advice.
- Neither article lists ranks such as Cabinet Minister or Minister of State.
Is “Cabinet” in the text at all?
- Article 352(3) mentions the Union Cabinet, in the context of an Emergency.
- It defines the Cabinet as the Prime Minister and other Ministers of Cabinet rank.
- It does not set up a ladder of ranks.
Who is answerable to whom?
- Article 75(3) makes the Council collectively responsible to the Lok Sabha.
Sources: Constitution, Articles 74 and 352.
What is the ceiling today? Do the sum once. Then you can answer any number-based question.
What is the working?
- The Lok Sabha has 543 elected seats today.
- 15 per cent of 543 is 81.45.
- The total cannot exceed that, so the ceiling is 81 Ministers, including the Prime Minister.
Why does the figure not stay fixed?
- The cap is a share, not a number.
- If Lok Sabha strength changes, the ceiling changes with it.
Sources: Constitution, Article 75(1A).
How did UPSC test this? The Civil Services Prelims asked about this rule in 2022.
What was the question?
- CSP 2022, Q14, gave two statements.
- Statement 1 said the Constitution classifies Ministers into four ranks. Statement 2 said Ministers cannot exceed 15 per cent of the Lok Sabha.
What does the official key say?
- The official key gives B, which is statement 2 only.
- Statement 1 is false because the ranks are convention.
- Statement 2 is true because of Article 75(1A).
Sources: UPSC CSP 2022 key; CSP 2022 Q14.
Which traps should you avoid? Exam writers swap numbers and levels. Watch these.
What is easy to confuse?
- The cap is 15 per cent. Options of 10, 20 and 25 are distractors.
- The base is the Lok Sabha, not the Rajya Sabha.
- The minimum of twelve is a State rule. The Union has none.
What should you remember?
- The Prime Minister is inside the 15 per cent.
- Ranks of Ministers are convention, not Article 75.
Sources: Constitution, Article 75 text.
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Questions to think through
Why does the cap use a percentage, not a fixed number?
A share moves with the size of the House. Article 75(1A) therefore needs no change if the Lok Sabha grows.
Why does a State need a floor of twelve but the Union does not?
Small Assemblies would otherwise allow very small Councils. The Union Lok Sabha is large, so the text sets no floor.
Why is a disqualified defector barred from ministerial office?
Office is a reward. Barring it removes one benefit of changing sides. The bar lasts only until the term ends or the member is re-elected.
Why can the Council of Ministers still have ranks if the text lists none?
Ranks are practice, built on the Prime Minister’s advice. Only the cap and collective responsibility are fixed in the text.
Native Practice
Apply the cap, the State floor, the defection bar and the 91st Amendment. Read the connected explanation after each answer.
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