Article 72 of the Constitution prescribes that the total
number of Ministers, including the Prime Minister, in the Council of
Ministers shall not exceed 15 per cent of the number of members of the
House of the People.
Prior to January 1, 2004
(effective date of 91st Amendment of the Constitution) the Prime
Minister had discretion to appoint any number in his council of
ministers. But the Constitution (Ninety-first Amendment) Act in 2003
made a drastic change in curbing such power of the Prime Minister.
This
Amendment added clause (1A) in this Article which made a specific
provision that, the total number of Ministers, including Prime Minister,
in no case can exceed 15 per cent of the total number of Lok Sabha
members.
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