Question

Choose the correct statement(s) regarding the types of majority in the Indian Parliament:

1. A simple majority is sufficient to pass ordinary bills and money bills.

2. An absolute majority is required for the impeachment of the President under Article 61.

3. A special majority is required to amend the Fundamental Rights of the Constitution.

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

Answer 1

Answer:

A. 1 and 3 only

Understanding Majorities in Indian Parliament

• The Indian Parliament utilizes different types of majorities to pass legislation, resolutions, and motions, each serving a specific constitutional purpose.
• These majorities are crucial for the functioning of India's democratic framework and are often tested in competitive examinations.

1. Simple Majority

• A Simple Majority refers to more than 50% of the members present and voting in a house.
• It is the most common type of majority used in the Parliament.
• This majority is sufficient for passing ordinary bills, money bills, financial bills (Type I), and adjournment motions.
• It is also used for passing no-confidence motions, censure motions, and for approving ordinances issued by the President.
• Furthermore, a simple majority is used for the declaration of President's Rule (Article 356) and Financial Emergency (Article 360) for their initial approval in both houses.

2. Absolute Majority

• An Absolute Majority means more than 50% of the total membership of the house.
• This majority is not commonly used on its own, but it is often a component of a 'Special Majority'.
• For instance, while not explicitly mentioned as a standalone requirement for most legislative processes, it forms the basis for calculating the 'total membership' aspect in special majorities.

3. Effective Majority

• An Effective Majority means more than 50% of the effective strength of the house. Effective strength refers to the total strength minus vacant seats.
• This type of majority is used for the removal of the Vice-President (Article 67(b)) in the Rajya Sabha (requires absolute majority of total members of Rajya Sabha), and for the removal of the Speaker and Deputy Speaker of Lok Sabha (Article 94) and State Legislative Assembly/Council (Article 179).

4. Special Majority

• Special Majority refers to a majority that is greater than a simple majority and has various types based on the context.
• The most common type of special majority used under Article 368 for constitutional amendments requires:
  • A majority of the total membership of the House.
  • A majority of not less than two-thirds of the members present and voting.
• This specific type of special majority is required for amending Fundamental Rights (Article 12-35) and Directive Principles of State Policy (Article 36-51), as well as many other provisions of the Constitution.
• Another type of special majority (Article 61) is required for the Impeachment of the President, which demands a resolution passed by a majority of two-thirds of the total membership of each House. This is a higher threshold than the Article 368 special majority.
• Special majority is also required for the removal of judges of the Supreme Court and High Courts, the Chief Election Commissioner, and the Comptroller and Auditor General of India.
• A special majority (two-thirds of members present and voting) is also required for a resolution by the Rajya Sabha to empower Parliament to make laws on a State List subject (Article 249) or to create new All India Services (Article 312).