Question

Which of the following legislative actions require only a simple majority in the Parliament?

1. Abolition or creation of legislative councils in states.

2. Amendment of the Directive Principles of State Policy.

3. Approval of a proclamation of financial emergency.

4. Ratification of a federal amendment by a state legislature.

Select the correct option:

• A. 1, 2 and 3
• B. 2 and 4
• C. 1, 3 and 4
• D. 1 and 3

Answer 1

Answer:

C. 1, 3 and 4

Legislative Majorities in the Indian Parliament

• The Indian Constitution prescribes different types of majorities for various legislative actions, ensuring flexibility and stability in governance.

• These majorities are crucial for the passage of bills, resolutions, and constitutional amendments, reflecting the importance and impact of the decision.

• Simple Majority: This refers to a majority of more than 50% of the members present and voting in each House of Parliament. It is the most common type of majority used for ordinary legislative business.

• Special Majority: This is a more stringent requirement, typically involving a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting. This is primarily used for constitutional amendments under Article 368, removal of judges, etc.

Legislative Actions Requiring a Simple Majority:

• Abolition or Creation of Legislative Councils in States:

  • As per Article 169 of the Constitution, Parliament can abolish an existing Legislative Council (Vidhan Parishad) or create a new one in a state.

  • This action requires the concerned State Legislative Assembly to first pass a resolution by a special majority (absolute majority of the total membership and a two-thirds majority of members present and voting).

  • However, the subsequent law passed by Parliament to give effect to this resolution requires only a simple majority in both Lok Sabha and Rajya Sabha.

  • Such a law is not considered an amendment to the Constitution under Article 368, even though it changes constitutional provisions.

  • Currently, six states (Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh) have Legislative Councils.

• Approval of a Proclamation of Financial Emergency:

  • A proclamation of Financial Emergency, issued by the President under Article 360, must be approved by both Houses of Parliament.

  • This approval needs to be obtained within two months from the date of its issue, and it requires a simple majority in each House.

  • Once approved, a Financial Emergency can continue indefinitely until revoked by the President, and there is no maximum period prescribed for its operation.

  • India has never experienced a Financial Emergency to date, unlike National (Article 352) or State (Article 356) emergencies.

• Ratification of a Federal Amendment by a State Legislature:

  • For certain constitutional amendments that affect the federal structure of the Constitution (e.g., changes to the election of the President, extent of executive power of the Union or states, distribution of legislative powers, representation of states in Parliament, or Article 368 itself), they must be ratified by the legislatures of not less than one-half of the states.

  • While the amendment bill itself is passed by Parliament with a special majority (under Article 368), the subsequent ratification by the state legislatures is done by a simple majority of the members present and voting in each state assembly.

  • This provision ensures that states have a say in fundamental changes affecting their powers and the federal system.

Legislative Actions Requiring a Special Majority (Not Simple Majority):

• Amendment of the Directive Principles of State Policy (DPSP):

  • The Directive Principles of State Policy (Part IV of the Constitution) are fundamental to the governance of the country.

  • Any amendment to the DPSPs, like other fundamental constitutional provisions, falls under the procedure for constitutional amendment laid down in Article 368.

  • This requires a special majority in both Houses of Parliament, meaning a majority of the total membership of each House and a majority of not less than two-thirds of the members of that House present and voting.

  • Amendments to DPSPs generally do not require ratification by state legislatures unless they also affect specific federal provisions.

  • Examples include the 42nd Amendment Act (1976), which added Articles 39A, 43A, and 48A, and the 86th Amendment Act (2002), which modified Article 45.