Types of Majorities in the Indian Parliament—Indian Politics

 

Although the Constitution of India does not provide an explicit classification for the kinds of majorities needed for passing various bills, a careful interpretation of the Constitution provides four major types. 

• They are as follows: 

• Simple; absolute; effective; special

 

Simple Majority

 

• This refers to a majority of more than 50% of the members present and voting in the House; it is known as the functional or working majority. 

• For example, in the Lok Sabha, out of the total strength of 545, suppose 45 were absent, and 100 abstained from voting. This means only 400 members were present and voted. In this case, the simple majority needed is 201 (50% + 1). 

• Instances where a simple majority is needed: 

• To authorise the passage of money bills, financial bills, or ordinary bills

• To pass an adjournment motion, a non-confidence motion, a censure motion, or a confidence motion; • To declare a financial emergency; • To declare the President’s Rule (state emergency); • To elect the Speaker and Deputy Speaker of the Lok Sabha. 

• A Constitution Amendment Bill requiring ratification by the states under Article 368 requires only a simple majority in the state legislatures.

 

Absolute Majority

 

• This refers to a majority of more than 50% of the House’s total membership. • This means that in the Lok Sabha, the absolute majority is 273. (50% more than 545, the total membership of the Lok Sabha). 

• Instances where an absolute majority is needed: 

used during the general elections for government formation at the centre and the states.

 

 Effective Majorit

 

• This refers to a majority of more than 50% of the effective strength of the House. • For example, in the Lok Sabha, out of the total strength of 545, suppose 5 are vacant seats. This means that the House’s effective strength is (545 – 5) = 540.In this case, the effective majority is 270. 

• Instances where an effective majority is needed: 

• Removal of the Chairman (Vice President of India) and Deputy Chairman in the Rajya Sabha (Article 67(b)). 

Removal of the Speaker and the Deputy Speaker of the Lok Sabha and the State Legislatures

 

 Special Majority

 

• Any majority other than simple, absolute, and effective is called a “special majority.” There are four types of special majorities. They are as follows: 

• Special Majority according to Article 249 

• Special Majority according to Article 368 • Special Majority according to Article 368 + 50 percent state ratification by a simple majority 

• Special majority according to Article 61; 

This refers to a majority of 2/3rd members present and voting. This is used to pass a Rajya Sabha resolution to empower the Parliament to make laws for the state list. 

• Special Majority according to Article 368: This refers to a majority of at least 2/3 of the members present and voting, supported by more than 50% of the total strength of the House. This is chiefly used for most of the constitutional amendment bills. 

• Instances where this type of majority is used: 

• Passing a constitutional amendment bill that does not affect federalism. 

• Removing judges from the Supreme Court or High Court 

• Removing the Comptroller and Auditor General of India (CAG) or the Chief Election Commissioner (CEC). • National Disaster 

• A resolution by the state legislature for the abolition or creation of the Legislative Council. 

• Special Majority according to Article 368 + 50 per cent state ratification by a simple majority 

• This majority type is needed when a constitutional amendment tries to change the federal structure. 

•, E.g., the bill that introduced the National Judicial Appointments Commission needed the support of at least 15 state legislatures out of the 29 states. 

• Special Majority according to Article 61: This refers to a majority of 2/3 of the total strength of the House. This is used in the case of impeachment against the President of India.

 

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