Question

Consider the following statements regarding the types of majority in the Indian Constitution.

1. An absolute majority refers to a majority of the total membership of the House, irrespective of vacancies or absentees.

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

3. An effective majority is used for passing ordinary bills 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. 1, 2, and 3

Answer 1

Answer:

A. 1 and 2 only

Types of Majorities in the Indian Parliament

1. Simple Majority

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

• This is the most commonly used majority in the Indian Parliament for routine business.

• It is primarily used for passing Ordinary Bills, Money Bills, Financial Bills, Censure motions, No-Confidence motions, Adjournment motions, and Election of Speaker/Deputy Speaker/Deputy Chairman.

• A simple majority is also required for declaring a financial emergency (Article 360) and for the ratification of a Proclamation of National Emergency (Article 352).

2. Absolute Majority

• An absolute majority means more than 50% of the total membership of the House, irrespective of vacancies or absentees.

• For example, in the Lok Sabha with a total strength of 543 members, an absolute majority is 272 (more than 50% of 543).

• While not explicitly defined for specific legislative procedures, it is crucial for a political party to achieve an absolute majority to form a government at the Centre or State after general elections.

3. Effective Majority

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

• The effective strength is calculated by deducting the number of vacancies from the total membership of the House.

• This majority is required for the removal of the Vice-President (in Rajya Sabha only, as per Article 67(b)), removal of the Speaker and Deputy Speaker of the Lok Sabha (as per Article 94(c)), and removal of the Deputy Chairman of the Rajya Sabha (as per Article 90(c)).

• For instance, if the Lok Sabha has 543 members and 10 seats are vacant, the effective strength is 533 (543-10), and the effective majority would be 267 (more than 50% of 533).

4. Special Majority

• There are several types of special majorities, each with specific applications and varying degrees of stringency:

• Type A: Special Majority under Article 249 & 312

  • Requires a majority of two-thirds of the members present and voting in the Rajya Sabha.

  • Used for passing a resolution to empower Parliament to make laws on a subject in the State List (Article 249) or to create new All India Services (Article 312).

• Type B: Special Majority under Article 368 (Amendment of Constitution)

  • Requires 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).

  • This is the most common form of special majority for amending the Constitution, used for most constitutional amendments.

• Type C: Special Majority for Impeachment of President (Article 61)

  • Requires a majority of two-thirds of the total membership of each House.

  • This is the highest and most stringent majority requirement in the Indian Constitution, emphasizing the importance and difficulty of impeaching the Head of State.

• Type D: Special Majority for Removal of Judges (SC/HC), CEC, CAG, etc.

  • Requires a majority of two-thirds of the members present and voting AND a majority of the total membership of the House. This is similar to the special majority required under Article 368 (Type B).

• Type E: Special Majority requiring Ratification by States (Article 368 + State Ratification)

  • Used for constitutional amendments affecting the federal structure (e.g., powers of the Union and State governments, distribution of legislative powers, election of the President).

  • Requires the same special majority in Parliament as Type B (two-thirds of members present and voting and absolute majority) PLUS ratification by a simple majority of at least half of the state legislatures.