Special Majority means a majority of 2/3rd of the members of each house present and voting. The term "special majority" describes all types of majorities that are neither absolute, effective, or simple. This is mostly utilized for most Constitutional Amendment Bills. Additionally, this type of majority consists of four unique types of criteria with distinct phrases.

• Special Majority (Article 249)
• Special Majority (Article 368)
• Special Majority (Article 368) + 50 percent state ratification by a simple majority
• Special Majority (Article 61).

This article explains the Special Majority and its four different types are useful for UPSC IAS exam preparation.

Special Majority

• A special majority of the Parliament, that is, a majority of the total membership of each House and a majority of two-thirds of the members of each House present and voting, is required to amend the majority of the provisions in the Constitution.
• The term "total membership" refers to the total number of members in the House, regardless of whether there are vacancies or absentees.
• The special majority is only necessary for voting on the third reading stage of the bill, although the necessity for a special majority has been included in the Houses' rules for all effective stages of the measure'.
• The following provisions are amendable in this manner:
  • Fundamental Rights
  • Directive Principles of State Policy
  • All other provisions not covered by the first and third categories.

Special Majority - Procedure

• Consider that at the time of voting on a bill, 247 members were present in the house and all of them voted on the bill.
• The bill would then be carried if at least 124 MPs voted in favour of it.
• This is not the case with an amendment bill. To amend the Constitution, two types of special majorities are required:
  • First, those voting in favour of the amendment bill must comprise at least half of the entire size of that House.
  • Second, supporters of the amendment bill must account for two-thirds of those who vote.
• In the same way, both Houses of Parliament must pass the amended bill separately (there is no provision for a joint session).
• For every amendment bill, this special majority is required.

Types of Special Majority

Conclusion

A special majority exists in both the Rajya Sabha and the Lok Sabha of India's parliament. Most constitutional amendment measures seem or are observed to be enacted in the House of Parliament using special majority powers. Any majority that is neither simple, absolute, or effective is referred to as a special majority. There are four types of special majorities. The majority of these powers are subject to the effective passage of amendment measures.

FAQs

MCQs

1. Which article governs the special majority for constitutional amendments?

A. Article 356
B. Article 249
C. Article 368
D. Article 21

2. What is the special majority requirement for Article 61?

A. Two-thirds of members present and voting
B. Two-thirds of total membership
C. Half of total membership
D. Simple majority

3. What is needed for Parliament to legislate on matters from the State List under Article 249?

A. Simple majority
B. Absolute majority
C. Special Majority (Two-thirds present and voting)
D. Unanimous vote

4. Which type of majority is required for constitutional amendments affecting the federal structure?

A. Special Majority with state ratification
B. Simple majority
C. Absolute majority
D. Effective majority

5. What majority is required for the passage of an ordinary bill?

A. Special Majority
B. Absolute majority
C. Simple majority
D. Unanimous consent

GS Mains Questions and Model Answers

Q1: Examine the significance of the special majority in maintaining the stability of India’s constitutional framework.

Answer: The requirement of a special majority ensures that significant changes, like constitutional amendments or impeachment proceedings, have broad consensus. It prevents hasty decisions that could destabilize the governance structure. By requiring a larger proportion of agreement, it upholds democratic values and reflects the diverse views of the country’s representatives.

Q2: Analyze the role of the special majority in federalism, particularly with amendments requiring state ratification.

Answer: The special majority ensures that federalism is protected, particularly in amendments that impact Centre-State relations. State ratification ensures that states have a voice in decisions that could affect their autonomy, reinforcing the balance between the central and state governments. This system safeguards the federal nature of India’s polity.

Q3: Discuss the role of special majority in the impeachment process of the President.

Answer: The special majority required for impeachment, as per Article 61, ensures that the process is undertaken with due deliberation and significant consensus. A two-thirds majority of the total membership of each house reflects the seriousness of the action and prevents partisan misuse. It provides a constitutional safeguard against arbitrary removal of the Head of State.

Previous Year Questions on Special Majority

1. UPSC CSE Prelims 2018

Question: Which of the following majorities is required to amend the Constitution under Article 368?
A. Simple majority
B. Absolute majority
C. Special Majority
D. Effective majority

Answer: C

Explanation: Constitutional amendments under Article 368 require a special majority, which means two-thirds of the members present and voting, along with more than 50% of the total membership.

2. UPSC CSE Mains 2019 (GS Paper 2)

Question: "The Special Majority provisions play a critical role in ensuring constitutional stability." Analyze the significance of special majorities in the Indian legislative process.

Answer: Special Majority provisions ensure that key legislative decisions, particularly those affecting the Constitution, are made with broad consensus. This prevents hasty or politically motivated changes that could undermine democratic stability. For example, constitutional amendments, state-related issues, and presidential impeachment all require special majorities, ensuring that decisions reflect a wide array of political opinions and societal interests.