LEGAL ACTS

Amending Act 2 - CONSTITUTION (NINETY-FIRST AMENDMENT)ACT, 2003
THE CONSTITUTION (NINETY-FIRST AMENDMENT) ACT, 2003
[1st January, 2004]
PREAMBLE
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as
follows:--
1. Short title--
This Act may be called the Constitution (Ninety-first Amendment) Act, 2003.
2. Amendment of Article 75--
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.".
3. Amendment of Article 164--
In Article 164 of the Constitution, after clause (1), 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 shall 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 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 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.".
4. Insertion of new Article 361B--
After Article 361A of the Constitution, the following Article shall be inserted,
namely:--
'361B. Disqualification for appointment on remunerative political post 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.'.
5. Amendment of the Tenth Schedule--
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.
T.K. VISWANATHAN,
Secy. to the Govt. of India.
Amending Act 3 - THE CONSTITUTION (NINETIETH AMENDMENT)
ACT, 2003
THE CONSTITUTION (NINETIETH AMENDMENT) ACT, 2003
[28th September, 2003]
PREAMBLE
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as
follows:--
1. Short title--
This Act may be called the Constitution (Ninetieth Amendment) Act, 2003.
2. Amendment of Article 332--
In Article 332 of the Constitution, in clause (6), the following proviso shall be
inserted, namely:--
"Provided that for elections to the Legislative Assembly of the State of
Assam, the representation of the Scheduled Tribes and non-Scheduled Tribes
in the constituencies included in the Bodoland Territorial Areas District, so
notified, and existing prior to the constitution of the Bodoland Territorial
Areas District, shall be maintained.".
SUBHASH C. JAIN,
Secy. to the Govt. of India