The correct option is 91st Amendment.
Explanation
The Anti-Defection Law was originally added to the Constitution via the 52nd Amendment Act, 1985, which introduced the Tenth Schedule. While it aimed to curb political defections, certain loopholes remained, particularly regarding "splits" and the lure of ministerial berths for defectors. The 91st Amendment Act, 2003, was enacted to address these issues and strengthen the law.
Detailed Analysis
- 91st Amendment Act, 2003: This amendment introduced specific provisions to deter defection:
- Ban on Public Office: It mandated that a member of either House of Parliament or a State Legislature belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a Minister.
- Remunerative Political Posts: Such a member is also disqualified from holding any remunerative political post (e.g., office under the government or a corporation owned by the government) for the duration of the period commencing from the date of their disqualification till the date on which their term of office would expire or till they are re-elected, whichever is earlier.
- Removal of Split Provision: It deleted the provision of the Tenth Schedule that protected members from disqualification if one-third of the members of the legislative party split from the original party. Now, only a merger (involving two-thirds of members) is protected.
- Ceiling on Ministers: It limited the size of the Council of Ministers to 15% of the total strength of the Lok Sabha or the State Legislative Assembly (with a minimum of 12 ministers in states).
- 73rd Amendment Act, 1992: This amendment granted constitutional status and protection to Panchayati Raj institutions.
- 86th Amendment Act, 2002: This amendment made elementary education a fundamental right under Article 21A.
- 99th Amendment Act, 2014: This amendment sought to replace the collegium system with the National Judicial Appointments Commission (NJAC) but was declared unconstitutional by the Supreme Court.
Key Takeaway: The 91st Amendment Act, 2003, strengthened the Anti-Defection Law by removing the protection for "splits" (one-third members) and barring defectors from holding ministerial or remunerative political posts until re-election.