The Hindu : Jaitley asks CMs to restrict size of Ministry

Online edition of India's National Newspaper
Saturday, Jan 10, 2004

National

National

Jaitley asks CMs to restrict size of Ministry

By Our Special Correspondent

NEW DELHI, JAN. 9. The Union Minister of Law and Justice, Arun Jaitley, has written to all Chief Ministers to bring the size of their Ministry in conformity with the provisions of the newly inserted clause in Article 164 of the Constitution within six months if the total number of Ministers exceeded the prescribed limit.

Mr. Jaitley has attached copies of the amended Act along with his letter.

The Constitution (97th Amendment) Act, 2003, provides that the size of the Council of Ministers in the Union Government and in a State Government should not be more than 15 per cent of the total number of members of the Lower House of Parliament/State Legislature (the minimum strength of Ministers in case of smaller States being 12).

The second proviso to the clause IA of Article 164 of the Constitution provides that where the size of the Council of Ministers exceeds the 15 per cent, or the number specified in that clause, then the total number of Ministers shall be brought in conformity with the provisions of the clause, within a period of six months from the date notified for the purpose.

It also stipulates that a person disqualified under the anti-defection law shall not be appointed as a Minister nor hold any remunerative political post for the duration of the period commencing from the date of his disqualification where he contests any election to either House of Parliament or State Legislature before the expiry of such period, till the date on which he is declared elected, whichever is earlier.

Printer friendly page
Send this article to Friends by E-Mail

National