Question

Consider the following statements regarding the types of majority required in Parliament:

1. An effective majority is required for the removal of the Vice-President in the Rajya Sabha.

2. A special majority of two-thirds of the total membership of each House is required for the impeachment of the President.

3. A simple majority is sufficient for passing a Money Bill in Parliament.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. All of the above

Answer 1

Answer:

D. All of the above

Majorities in the Indian Parliament

• Parliamentary proceedings and decision-making often require different types of majorities, which are crucial for the legitimacy and effectiveness of legislative actions.

• There are primarily four types of majorities employed in the Indian Parliament: Simple Majority, Absolute Majority, Effective Majority, and Special Majority.

1. Simple Majority

• A simple majority refers to more than 50% of the members present and voting in the House.

• This is the most common type of majority used for passing ordinary bills, money bills, financial bills, no-confidence motions, adjournment motions, censure motions, and for declaring a financial emergency.

• It is also used for passing a motion of thanks to the President's address and for the election of the Speaker and Deputy Speaker of Lok Sabha and the Deputy Chairman of Rajya Sabha.

2. Absolute Majority

• An absolute majority means more than 50% of the total membership of the House.

• For example, in Lok Sabha (total strength 543), an absolute majority would be 272 or more.

• While not frequently used in isolation for passing bills, it is a component of certain special majorities (e.g., for President's impeachment, though in a more stringent form). It is primarily relevant during the general election for the formation of government.

3. Effective Majority

• An effective majority is more than 50% of the effective strength of the House.

• The effective strength is calculated by taking the total strength minus the vacant seats. For instance, if the Rajya Sabha has 245 members but 5 seats are vacant, the effective strength is 240, and an effective majority would be 121 or more.

• This majority is primarily used for the removal of the Vice-President in the Rajya Sabha and the removal of the Speaker and Deputy Speaker of Lok Sabha and Deputy Chairman of Rajya Sabha.

4. Special Majority

• A special majority is a majority other than simple, absolute, or effective majority. There are several types of special majorities, each defined by specific constitutional provisions.

• Type 1: Special Majority under Article 249: Required for a resolution empowering Parliament to legislate on a State List subject. It requires a majority of two-thirds of the members present and voting in Rajya Sabha.

• Type 2: Special Majority under Article 368 (Amendment of the Constitution): Required for constitutional amendments. It needs a majority of two-thirds of the members present and voting, AND a majority of the total membership of the House (i.e., absolute majority), in EACH House of Parliament.

• Type 3: Special Majority under Article 61 (Impeachment of the President): This is the most stringent majority. It requires a majority of two-thirds of the total membership of the House in EACH House of Parliament. This means even if many seats are vacant, the threshold remains based on the original total strength.

• Type 4: Special Majority under Article 368 + Ratification by States: Certain constitutional amendments affecting federal structure require the special majority as per Article 368 AND ratification by simple majority of at least half of the state legislatures.

Specific Scenarios Explained

I. Removal of the Vice-President

• The Vice-President can be removed from office by a resolution passed by a majority of all the then members of the Rajya Sabha and agreed to by the Lok Sabha by a simple majority.

• The phrase 'majority of all the then members of the Rajya Sabha' implies an effective majority. This means more than 50% of the total members after deducting vacancies.

• This process is outlined in Article 67(b) of the Indian Constitution.

• It is important to note that the resolution for removal can originate only in the Rajya Sabha, reflecting the Vice-President's role as the ex-officio Chairman of Rajya Sabha.

II. Impeachment of the President

• The President of India can be impeached for violation of the Constitution.

• The impeachment process requires a special majority of two-thirds of the total membership of each House of Parliament.

• This means that 2/3rd of the full strength of Lok Sabha and 2/3rd of the full strength of Rajya Sabha must vote in favor of the impeachment resolution.

• This is a quasi-judicial procedure and is detailed in Article 61 of the Constitution.

• The charges for impeachment can be initiated by either House of Parliament.

III. Passing a Money Bill

• A Money Bill can be passed in Parliament by a simple majority of members present and voting.

• Money Bills can only be introduced in the Lok Sabha on the recommendation of the President.

• Once passed by the Lok Sabha, it is sent to the Rajya Sabha for its recommendations. Rajya Sabha can only make recommendations, it cannot reject or amend a Money Bill.

• If Rajya Sabha does not return the bill within 14 days, it is deemed to have been passed by both Houses.

• The Lok Sabha has overriding powers regarding Money Bills, as stipulated in Articles 109 and 110 of the Constitution. The Speaker's decision on whether a bill is a Money Bill is final.