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โฆ๏ธTypes of Majorities as per the Indian Constitutionโฆ๏ธ
There are no explicit classification of majorities in Indian Constitution.
But a careful reading of different articles in Indian Constitution would provide idea about four types of majorities.
They are Absolute Majority, Effective Majority, Simple Majority and Special Majority.
For ease of understanding, we have again classified Special Majority into four sub-types.
๐ถAbsolute majority๐ถ
It refers to a majority of more than 50% of the total membership of the house.
For example, as the total membership of Lok Sabha is 545, absolute majority in Lok Sabha means โ 50% of 545 plus 1, ie. 273.
โก๏ธCases where absolute majority is used:
In the normal business of the Parliament or State Legislature absolute majority is not generally used.
But this majority is used during general election, for the formation of government at Center and States.
๐ถEffective Majority๐ถ
Effective Majority of house means more than 50% of the effective strength of the house.
This implies that out of the total strength, we deduct the vacant seats.
When Indian Constitution mentions โall the then membersโ, that refers to effective majority.
For example, in Rajya Sabha, out of the total strength of 245 members if there are 45 vacancies, then the effective strength of the house is 200. Then the effective majority is 50% of 200 plus 1, ie 101.
Cases where effective majority is used:
Removal of Vice-president in RS โ Article 67(b).
Removal of Speaker and Deputy Speaker in Lok Sabha and State Legislative Assembly.
๐ถSimple Majority๐ถ
This refers to majority of more than 50% of the members present and voting.
This is also known as functional majority or working majority.
Simple majority is the most frequently used form of majority in Parliamentary business.
When the constitution or the laws do not specify the type of majority needed, simple majority is considered for voting.
To understand simple majority, let us consider a situation in Lok Sabha.
On a particular day, out of the total strength of 545, 45 where absent and 100 abstained from voting on an issue. So only 400 members were present and voting. Then the simple majority is 50% of 400 plus 1, ie. 201.
Ordinary bills need to be passed with simple majority in both Houses of the Parliament before it is send to Indian President for his assent.
โก๏ธCases where simple majority is used:
โฆ๏ธTo pass Ordinary/Money/Financial bills.
โฆ๏ธTo pass Non-Confidence Motion/Adjournment Motion/Censure Motion/Confidence Motion.
โฆ๏ธFor the removal of Vice President majority required in Lok Sabha is simple majority โ A67(b).
โฆ๏ธTo declare financial emergency.
โฆ๏ธTo declare state emergency (Presidentโs rule).
โฆ๏ธElection of Speaker/Deputy Speaker of Lok Sabha and State legislatures.
โฆ๏ธConstitution Amendment Bill under Article 368 which needs to be ratified by states, require only simple majority at State Legislatures.
There are no explicit classification of majorities in Indian Constitution.
But a careful reading of different articles in Indian Constitution would provide idea about four types of majorities.
They are Absolute Majority, Effective Majority, Simple Majority and Special Majority.
For ease of understanding, we have again classified Special Majority into four sub-types.
๐ถAbsolute majority๐ถ
It refers to a majority of more than 50% of the total membership of the house.
For example, as the total membership of Lok Sabha is 545, absolute majority in Lok Sabha means โ 50% of 545 plus 1, ie. 273.
โก๏ธCases where absolute majority is used:
In the normal business of the Parliament or State Legislature absolute majority is not generally used.
But this majority is used during general election, for the formation of government at Center and States.
๐ถEffective Majority๐ถ
Effective Majority of house means more than 50% of the effective strength of the house.
This implies that out of the total strength, we deduct the vacant seats.
When Indian Constitution mentions โall the then membersโ, that refers to effective majority.
For example, in Rajya Sabha, out of the total strength of 245 members if there are 45 vacancies, then the effective strength of the house is 200. Then the effective majority is 50% of 200 plus 1, ie 101.
Cases where effective majority is used:
Removal of Vice-president in RS โ Article 67(b).
Removal of Speaker and Deputy Speaker in Lok Sabha and State Legislative Assembly.
๐ถSimple Majority๐ถ
This refers to majority of more than 50% of the members present and voting.
This is also known as functional majority or working majority.
Simple majority is the most frequently used form of majority in Parliamentary business.
When the constitution or the laws do not specify the type of majority needed, simple majority is considered for voting.
To understand simple majority, let us consider a situation in Lok Sabha.
On a particular day, out of the total strength of 545, 45 where absent and 100 abstained from voting on an issue. So only 400 members were present and voting. Then the simple majority is 50% of 400 plus 1, ie. 201.
Ordinary bills need to be passed with simple majority in both Houses of the Parliament before it is send to Indian President for his assent.
โก๏ธCases where simple majority is used:
โฆ๏ธTo pass Ordinary/Money/Financial bills.
โฆ๏ธTo pass Non-Confidence Motion/Adjournment Motion/Censure Motion/Confidence Motion.
โฆ๏ธFor the removal of Vice President majority required in Lok Sabha is simple majority โ A67(b).
โฆ๏ธTo declare financial emergency.
โฆ๏ธTo declare state emergency (Presidentโs rule).
โฆ๏ธElection of Speaker/Deputy Speaker of Lok Sabha and State legislatures.
โฆ๏ธConstitution Amendment Bill under Article 368 which needs to be ratified by states, require only simple majority at State Legislatures.
๐ถSpecial Majority๐ถ
โก๏ธAll types of majorities other than absolute, effective or simple majority is known as special majority.
โก๏ธ Special majority are of 4 types, with different clauses.
โก๏ธType 1 โ Special Majority as Per Article 249.
โก๏ธType 2 โ Special Majority as per Article 368.
โก๏ธType 3 โ Special Majority as per Article 368 + 50 percent state ratification by simple majority.
โก๏ธType 4 โ Special Majority as per A61.
โฆ๏ธSpecial Majority as Per Article 249
โก๏ธSpecial majority as per article 249 requires a majority of 2/3rd members present and voting.
For example if out of the 245 members in Rajya Sabha, if only 150 are present and voting, then the special majority required as per article 249 would be 101.
โฆ๏ธCases where special majority as per article 249 is used:
To pass the Rajya Sabha resolution to empower the parliament to make laws in state list. (valid upto 1 year, but can be extended any number of times).
โฆ๏ธSpecial Majority as Per Article 368
โก๏ธSpecial majority as per article 368 requires a majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house.
This type of majority is used for most of the Constitution amendment bills. To pass a constitution amendment bill in Rajya Sabha, in addition to getting the support of 123 members, the bill should be favored by more than 2/3rd of the members present and voting.
โฆ๏ธCases where special majority as per article 368 is used:
โก๏ธTo pass a constitutional amendment bill which does not affect federalism.
โก๏ธRemoval of judges of SC/HC.
โก๏ธRemoval of CEC/CAG.
โก๏ธApproval of national emergency requires special majority as per Article 368 in both houses.
โก๏ธResolution by the state legislature for the creation/abolition of Legislative Council (Article 169).
โก๏ธAll types of majorities other than absolute, effective or simple majority is known as special majority.
โก๏ธ Special majority are of 4 types, with different clauses.
โก๏ธType 1 โ Special Majority as Per Article 249.
โก๏ธType 2 โ Special Majority as per Article 368.
โก๏ธType 3 โ Special Majority as per Article 368 + 50 percent state ratification by simple majority.
โก๏ธType 4 โ Special Majority as per A61.
โฆ๏ธSpecial Majority as Per Article 249
โก๏ธSpecial majority as per article 249 requires a majority of 2/3rd members present and voting.
For example if out of the 245 members in Rajya Sabha, if only 150 are present and voting, then the special majority required as per article 249 would be 101.
โฆ๏ธCases where special majority as per article 249 is used:
To pass the Rajya Sabha resolution to empower the parliament to make laws in state list. (valid upto 1 year, but can be extended any number of times).
โฆ๏ธSpecial Majority as Per Article 368
โก๏ธSpecial majority as per article 368 requires a majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house.
This type of majority is used for most of the Constitution amendment bills. To pass a constitution amendment bill in Rajya Sabha, in addition to getting the support of 123 members, the bill should be favored by more than 2/3rd of the members present and voting.
โฆ๏ธCases where special majority as per article 368 is used:
โก๏ธTo pass a constitutional amendment bill which does not affect federalism.
โก๏ธRemoval of judges of SC/HC.
โก๏ธRemoval of CEC/CAG.
โก๏ธApproval of national emergency requires special majority as per Article 368 in both houses.
โก๏ธResolution by the state legislature for the creation/abolition of Legislative Council (Article 169).