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The 91st Constitutional Amendment Act of 2003 is notable for
1) Introducing election expenditure reporting as a criteria of disqualification of legislators
2) Fixing the maximum strength of the Council of Ministers
3) Anti-defection provisions
4) Expanding the list of fundamental duties
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2 and 3 only
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The provision, that the total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total strength of the Lok Sabha, was added by the 91st Amendment Act. Before the amendment, parties used to score political points by appointing oversize cabinets, a practice that was unhealthy for democracy. Also, as per the amendment, a member of either house of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister.
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