All Amendments of the Indian Constitution at a glance

91. The Constitution (Ninety-first Amendment), Act, 2003 – In Article 75 of the Constitution, after
clause (1), the following clauses shall be inserted, namely :
“(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers
shall not exceed fifteen per cent of the total number of members of the House of the People.
(1B) A member of either House of Parliament belonging to any political party who is disqualified
for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified
to be appointed as a Minister under clause (1) for duration of the period commencing from the date of
his disqualification till the date on which the term of his office as such member would expire or
where he contests any election to either House of Parliament before the expiry of such period, till the
date on which he is declared elected, whichever is earlier”
In Article 164 of the Constitution, after clause (i), the following clauses shall be inserted, namely:
“(1A) the total number of Ministers, including the Chief Minister, in the Council of Ministers in a
State sall not exceed fifteen per cent of the total number of members of the Legislative Assembly of
that State :
Provided that the number of Ministers, including the Chief Minister, in a State shall not be less
than twelve:
Provided further that where the total number of Ministers, including the Chief Minister, in the
Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment)
Act, 2003 exceeds the said fifteen per cent or the number specified in the first proviso, as the case
may be, then, the total number of Ministers in that State shall be brought in conformity with the
provisions of this clause within six months from such date as the President may by public notification
appoint.
(1B) A member of the Legislative Assembly of a State or either House of the Legislature of a State
having Legislative Council beloging to any poitical party who is disqualified for being a member of
that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a
Minister under clause (1) for duration of the period commencing from the date of his disqualification
till the date on which the term of his office as such member would expire or where he contests any
election to the Legislative Assembly of a State or either House of the Legislature of a State having
Legislative Council, as the case may be, before the expiry of such period, till the date on which he is
declared elected, whichever is earlier”

After Article 361A of the Constitution, the following article shall be inserted, namely :

316B. A member of a House belonging to any political party who is disqualified for being a
member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any
remunerative political post for duration of the period commencing from the date of his
disqualification till the date on which the term of his office as such member would expire or till the
date on which he contests an election to a House and is declared elected, whichever is earlier.
Explanation : For the purposes of this Article,—
(a) the expression “House” has the meaning assigned to it in clause (a) of paragraph 1 of the
Tenth Schedule :
(b) the expression “remunerative political post” means any office—(i) under the Government of
India or the Government of a State where the salary or remuneration for such office is paid out of the
public revenue of the Government of India or the Government of the State, as the case may be, or (ii)
under a body, whether incorporated or not, which is wholly or partially owned by the Government of
India or the Government of a State and the salary or remuneration for such office is paid by such
body, except where such salary or remuneration paid is compensatory in nature’.
In the Tenth Schedule to the Constitution,—(a) in paragraph, 1, in clause (b), the words and figure
“paragraph 3 or, as the case may be,” shall be omitted; (b) in paragraph 2, in sub-paragraph (1), for
the words and figures “paragraphs 3, 4 and 5”, the words and figures “paragraphs 4 and 5” shall be
substituted; (c) paragraph 3 shall be omitted.