The 15 percent cap on the Uttar Pradesh council of ministers

The size of the Uttar Pradesh council of ministers is capped by the Constitution. Article 164(1A) says the council, including the chief minister, shall not exceed 15 percent of the strength of the legislative assembly. The UP assembly has 403 members, so the cap is applied to that figure.

The rule came through the 91st Constitutional Amendment. Its purpose is to stop an unchecked expansion of the council. The chief minister is counted inside the cap. Cabinet ministers and ministers of state both fall within the same upper limit.

How the 15 percent is read

Fifteen percent of 403 is 60.45. Because the Constitution says the number shall not exceed 15 percent, the council has to stay within that bound. The exact whole-number ceiling follows from that limit. The important point is that the cap is a percentage fixed in the Constitution, not a figure invented by ordinary legislation.

Deputy chief ministers, where appointed, are members of the council of ministers. The Constitution does not require a separate office of deputy chief minister. In practice the holder is a minister and is counted inside the 15 percent cap. Attempts to place parliamentary secretaries outside the cap have been contested. On such questions the article itself and judicial interpretation are decisive.

Why the council remains responsible to the House

Under Article 164 the council of ministers is headed by the chief minister and is collectively responsible to the legislative assembly. The chief minister advises the governor on who should be sworn in or dropped. Individual and collective responsibility run together.

The size cap is a constitutional condition, not a policy choice of the government of the day. A government with 255 seats, which is what the BJP won in 2022, is still bound by the 15 percent rule when it forms the council of ministers.

Key points

• The size of the Uttar Pradesh council of ministers is capped by the Constitution.
• Fifteen percent of 403 is 60.
• Under Article 164 the council of ministers is headed by the chief minister and is collectively responsible to the legislative assembly.

The structure of the House

The Uttar Pradesh legislative assembly has 403 seats. Of these, 84 are reserved for Scheduled Castes and 2 for Scheduled Tribes. The majority mark is 202. The state sends 80 members to the Lok Sabha and 31 to the Rajya Sabha. The legislative council is a separate House whose members come through different electorates and nomination.

Official 2022 figures for context

For context, the 2022 assembly election had 15,12,46,168 electors and 9,21,62,897 votes polled, with statewide turnout of 60.94 percent. The BJP won 255 seats on 41.29 percent and the Samajwadi Party 111 seats on 32.06 percent. Apna Dal (S) won 12, the RLD 8, the SBSP and NISHAD Party 6 each, Congress and the Jansatta Dal Loktantrik 2 each, and the BSP 1.

The 2017 baseline

The 2017 assembly election had 14,16,63,646 electors and turnout of 61.22 percent. The BJP won 312 seats on 39.67 percent. The Samajwadi Party won 47, the BSP 19, Apna Dal (S) 9, Congress 7 and the SBSP 4. Three independents also won. Between 2017 and 2022, 125 seats changed parties.

Also read:

• Ayodhya district assembly results 2022
• Budaun district assembly results 2022
• Mathura district assembly results 2022

और पढ़ें: आपके लिए चुनी गई ख़बरें → (प्रायोजित)