A bench of Justices Vivek Singh Thakur and Bipin Chander Negi said that after the passing of the (Ninety-First Amendment) Bill, 2003, an embargo was placed on the size of the Cabinet in a Legislative Assembly, as under Article 164(1- A) of the Constitution, the size of the Council of Ministers in a state could not exceed 15 per cent of the total strength of the Assembly.