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Types of Majorities – Indian Polity Notes

India is governed by a parliamentary system. In a parliamentary democracy, the Parliament makes all key decisions. The Parliament must pass a bill with a majority vote in order to become law. In the Indian Parliament, there are various forms of majorities. For the polity and governance aspects of the UPSC syllabus, you can study all about the four forms of majorities in the Indian Parliament in this article.

Types of Majorities in Indian Parliamen

Types of Majorities in Indian Parliament

Although the Indian Constitution does not explicitly classify the types of majorities required to approve certain measures, a careful examination of the Constitution reveals four broad categories of majorities.

They are as follows:

  1. Simple Majority
  2. Absolute Majority
  3. Effective Majority
  4. Special Majority

Simple Majority

A simple majority, also known as a working majority, is defined as a vote by more than half of the members present and voting. Example:

  • The Lok Sabha has a total of 545 members.
  • 5 seats are available.
  • 500 people are in attendance.
  • Members that are present but choose to abstain or not vote: 50
  • 500-50=450 members present and voting
  • In this situation, the simple majority would be 226.

Most of the common motions and bills in the house, such as a move of no confidence, a motion of confidence, a motion of thanks, a motion of censure, a motion of adjournment, money bills, ordinary bills, and so on.

Absolute Majority

The term "absolute majority" refers to a majority of more than 50% of the house's overall strength.

Example:

  • The Lok Sabha has a total of 545 members.
  • 273 votes (absolute majority)

In the Indian Parliament, such a majority is not required in isolation. There are times when this type of majority is required in conjunction with another type of majority, which is referred to as a special majority.

Effective Majority

  • This refers to a majority of the House's effective strength of more than 50%.
  • Suppose there are 5 vacant seats in the Lok Sabha, out of a total of 545 members. This means that the House's effective strength is (545 – 5) = 540. The effective majority, in this case, is 270.
  • The Constitution defines an effective majority as "all the then members."
  • Situations in which an effective majority is required:
    • In the Rajya Sabha, the Deputy Chairman is removed (Article 67(b)).
    • The Deputy Speakers of the Lok Sabha and the State Legislatures have been removed.

Special Majority

Special majorities are any majority that isn't simple, absolute, or effective. Special majorities are divided into four categories. The following are the details:

  1. Special Majority according to Article 249
  2. Special Majority according to Article 368
  3. Special Majority according to Article 368 + 50 percent state ratification by a simple majority
  4. Special Majority according to Article 61

Special Majority according to Article 249

This refers to a two-thirds majority of those present and voting. This is used to approve a Rajya Sabha resolution authorizing the Parliament to make State List laws.

Special Majority according to Article 368

This refers to a vote backed by more than half of the House's total strength and a majority of 2/3rds of the members present and voting. The majority of Constitution Amendment Bills are written in this format.

This type of majority is utilized in the following situations:

  1. Passing a constitutional amendment bill that has no effect on the federal government.
  2. Removing Supreme Court or High Court judges.
  3. Getting rid of the Comptroller and Auditor General of India (CAG) or the Chief Election Commissioner is a bad idea (CEC
  4. National emergency.
  5. The Legislative Council is abolished or created by a resolution passed by the State Legislature.

Special Majority according to Article 368 + 50 percent state ratification by a simple majority

  • When a constitutional amendment aims to restructure the federal system, this form of majority is required.
  • For example, the statute establishing the National Judicial Appointments Commission. Out of the 29 states, it needed the support of at least 15 state legislatures.

Special Majority according to Article 61

This refers to a 2/3rds majority of the House's overall strength. This is used in the case of the President of India being impeached.

Examples of Majorities

Examples of Majorities in the Constitution

  • Impeachment of President: (Special Majority): When a President is impeached for violating the Constitution, the allegation must be preferred by either House of Parliament, according to Article 61. A 14-day notice is issued to move a resolution. The resolution must then be approved by a majority of not less than two-thirds of the House's total membership. This is a case of Special Majority in action.
  • Removal of the Vice-President: (Effective Majority): A resolution of the Rajya Sabha, passed by a majority of all members of the Rajya Sabha at the time, and agreed to by the Lok Sabha, can remove the Vice-President from office. In the Rajya Sabha, this is an example of an effective majority.
  • Removal of Deputy chairman Rajya Sabha: (Effective Majority): A member serving as the Deputy Chairman of the Rajya Sabha can be dismissed from his position by a resolution of the Council passed by a majority of the Council's members at the time. (In the Rajya Sabha, a simple majority is required.)
  • Removal of Speaker and Lok Sabha Speaker: (Effective Majority): Member of the House of the People serving as Speaker or Deputy Speaker—(c)may be removed from office by a resolution of the House of the People passed by a majority of all members of the House at the time:
  • Abolition of Council of States: (Absolute + Special Majority): If the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly (Absolute Majority) and by a majority of not less than two-thirds of the members of the Assembly present and voting, Parliament may provide by law for the abolition or creation of a Legislative Council in a State that does not have one. Article 169 (Special Majority).
  • Removal of Speaker or Deputy Speaker of Assembly: (Effective Majority): A resolution of the Assembly passed by a majority of the members of the Assembly at the time may remove the Speaker or Deputy Speaker from office (Effective Majority). Article 179(C)
Conclusion

Conclusion

  • The Indian Constitution makes no express distinction between majorities. However, a close study of several provisions in the Indian Constitution would reveal four different forms of majority.
  • Absolute Majority, Effective Majority, Simple Majority, and Special Majority are the four types of majorities.
FAQs

FAQs

Question: What is a simple majority in the context of Indian Parliament?

Answer: A simple majority, also known as a functional majority, is when more than 50% of members present and voting in the house approve a decision. This type of majority is used for most regular legislation, votes on motions, and resolutions in the Indian Parliament.

Question: What is the difference between an absolute majority and a simple majority?

Answer: An absolute majority refers to more than 50% of the total membership of a house, irrespective of those present and voting. In contrast, a simple majority considers only the members present and voting at the time of the decision, making it easier to achieve.

Question: When is a two-thirds majority required in the Indian Parliament?

Answer: A two-thirds majority is required for critical decisions, such as constitutional amendments, removal of the President, or impeachment of a judge of the Supreme Court. This majority ensures a significant consensus before such impactful decisions are made.

Question: What is the special majority used for amending the Constitution?

Answer: A special majority for constitutional amendments requires at least two-thirds of the members present and voting, and more than 50% of the total membership of the house. This type of majority is necessary for certain important amendments to the Constitution.

Question: How is a majority calculated in the case of a joint session of Parliament?

Answer: In a joint session of Parliament, a simple majority is calculated based on the total number of members present and voting from both houses. This mechanism is used to resolve deadlocks between the two houses over a piece of legislation.

MCQs

1. Which of the following requires a simple majority in the Indian Parliament?

A) Constitutional Amendment
B) Motion of No Confidence
C) Impeachment of the President
D) Election of the Vice-President

Answer: B See the Explanation

Explanation: A Motion of No Confidence requires a simple majority in the Parliament, meaning more than 50% of the members present and voting must support the motion. This type of majority is typically required for day-to-day legislative decisions and motions.

2. What is the minimum requirement for an absolute majority in the Lok Sabha?

A) More than 50% of members present and voting
B) Two-thirds of total membership
C) More than 50% of total membership
D) Majority of both houses

Answer: C See the Explanation

Explanation: An absolute majority requires more than 50% of the total membership of the Lok Sabha, which is 273 out of 543 members, irrespective of the number of members present during the voting session.

3. Which of the following decisions requires a two-thirds majority of members present and voting?

A) Passing a Money Bill
B) Removal of the Vice-President
C) Introduction of a Financial Bill
D) Constitutional Amendment

Answer: D See the Explanation

Explanation: A constitutional amendment requires a two-thirds majority of members present and voting, along with more than 50% of the total membership of the house, ensuring strong consensus before amendments are made to the Constitution.

4. How is a special majority defined in the context of Indian constitutional amendments?

A) More than 50% of total members present and voting
B) More than 50% of total members and two-thirds of members present and voting
C) Three-fourths of total membership
D) A unanimous vote

Answer: B See the Explanation

Explanation: A special majority for constitutional amendments in India requires two-thirds of the members present and voting and more than 50% of the total membership of the house. This ensures that changes to the Constitution are made with substantial support.

5. Which majority is required for the removal of the President of India?

A) Simple Majority
B) Absolute Majority
C) Special Majority
D) Two-thirds Majority

Answer: D See the Explanation

Explanation: The removal of the President of India requires a two-thirds majority of the members present and voting in both houses of Parliament, ensuring a significant level of consensus before such an important decision is made.

GS Mains Questions and Answers

Q1: Discuss the significance of different types of majorities in the Indian legislative process.

Answer: The Indian legislative process employs different types of majorities depending on the importance and implications of the decision. A simple majority is used for day-to-day legislation and motions, requiring more than 50% of members present and voting. An absolute majority is used for more significant decisions, requiring more than 50% of the total membership of the house. A two-thirds majority, or special majority, is required for crucial decisions like constitutional amendments, removal of high-ranking officials, and impeachments. Each type of majority ensures that the level of consensus matches the gravity of the decision being made, thereby maintaining the integrity of the legislative process.

Q2: Analyze the role of a two-thirds majority in safeguarding the Indian Constitution.

Answer: A two-thirds majority plays a vital role in safeguarding the Indian Constitution by ensuring that critical decisions, such as constitutional amendments and the removal of the President, are made only with a substantial consensus. This majority requirement prevents hasty or politically motivated changes to the Constitution, ensuring that any alterations are thoroughly debated and supported by a large proportion of the members of Parliament. This mechanism acts as a check against arbitrary changes and ensures that constitutional provisions are amended only in the broader public interest.

Q3: Evaluate the role of special majority in the Indian political system, with a focus on constitutional amendments.

Answer: The special majority in the Indian political system is crucial for ensuring that constitutional amendments are made with a high degree of support and consensus. For amendments, a special majority requires two-thirds of members present and voting, as well as more than 50% of the total membership of the house. This ensures that any changes to the Constitution are carefully considered and have broad-based support across party lines. The use of a special majority acts as a safeguard against hasty or politically motivated amendments and helps preserve the sanctity and stability of the Constitution. By requiring substantial consensus, it promotes a more inclusive decision-making process.

Previous Year Questions on Types of Majorities

1. UPSC CSE Prelims 2019:

Question: Which type of majority is required for the removal of the Vice-President of India?

A) Simple Majority
B) Special Majority
C) Two-thirds Majority
D) Absolute Majority

Answer: C

Explanation: The removal of the Vice-President requires a two-thirds majority of members present and voting in both houses of Parliament. This ensures that the decision to remove the Vice-President is backed by a substantial number of representatives.

2. UPSC CSE Mains 2020 (GS Paper 2):

Question: "The Indian Constitution employs different types of majorities for various decisions." Discuss the rationale behind this approach and its impact on governance in India.

Answer: The Indian Constitution uses different types of majorities—simple, absolute, special, and two-thirds—depending on the importance of the decision being made. This system ensures that routine decisions are not unnecessarily delayed while critical decisions, such as constitutional amendments or impeachment proceedings, require a higher level of consensus. This differentiation in majority types promotes balanced decision-making, safeguards against arbitrary actions, and ensures that significant decisions reflect the broader consensus of Parliament. This approach enhances the quality of governance by aligning the decision-making process with the gravity of the issues at hand.

*The article might have information for the previous academic years, please refer the official website of the exam.
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