UPSC » UPSC CSE Study Materials » General Awareness » The Types of Majorities As Per the Indian Constitution

The Types of Majorities As Per the Indian Constitution

There are occasions when the Indian Constitution defines acts and decisions based on different motions and bills of the House. Such a majority is required with another majority which would fall subsequently under one of the categories of the majorities. 

Simple Majority

A simple majority or working majority alludes to the majority of over half of the individuals present and casting a ballot. Model:

  • Complete Strength of Lok Sabha: 545
  • Empty Seats: 5
  • Individuals Present: 500
  • Individuals present yet choose to decline/not to cast a ballot: 50
  • Individuals present and casting a ballot: 500-50=450
  • The Simple majority for this situation would be 226.

Absolute Majority

Absolute majority alludes to most of over half of the full strength of the House. Model:

  • The absolute strength of Lok Sabha: 545
  • Outright Majority: 273

Such a sort of a majority isn’t needed in the Indian Parliament. 

Effective Majority

Effective majority of the House implies over half of the successful strength of the House. This suggests that we deduct the missing and empty seats out of absolute strength.

  • The absolute strength of Lok Sabha: 545
  • Empty Seats: 5
  • Successful Strength: 545-5=540
  • Individuals present yet choose to go without/not to cast a ballot: 50
  • Individuals present and casting a ballot: 540-50=490
  • Powerful Majority: 490/2 1=245

In the Constitution of India, the “all the then individuals” present demonstrates a viable majority. 

Special Majority

A special majority is when the agreement of at least half the number of states is required. Any majority other than a simple, absolute, and effective majority is called a special majority. These incorporate:

  • Majority by two-third strength of the House {example denunciation of the President under Article 61}
  • Majority by two-thirds of present and casting ballot individuals {Example: Power of Parliament to enact regarding a case in the State list in the public interest, under article 249}; certain constitution change bills and so on.
  • The outright majority of two-thirds present and cast a ballot {Example: Removal of Supreme Court Judge, CAG, etc.}

Instances of Majorities in the Constitution

Evacuation of the Vice-President: Effective Majority

VP might be taken out from his office by a goal of Rajya Sabha passed by a majority of the relative multitude of individuals from the Rajya Sabha and consented to Lok Sabha. This is an example of the powerful majority in Rajya Sabha.

Deputy Director Rajya Sabha: Effective Majority

A part holding office as Deputy Chairman of Rajya Sabha might be taken out from his office by a goal of the Council passed by a majority of the relative multitude of individuals from the Council. (Basic Majority in Rajya Sabha).

Speaker and Lok Sabha Speaker: Effective Majority

Part holding office as Speaker or Deputy Speaker of the House of the People may be taken out from his office by a goal of the House of the People passed by a majority of the relative multitude of individuals from the House.

Evacuation of Supreme Court Judge: Absolute Special Majority

A judge of the Supreme Court will not be eliminated from his office other than by request of the President. (Absolute majority) and by a majority of at least 66% of the individuals from that House present and casting a ballot (Special Majority) casting a ballot is introduced to the President for such evacuation on the ground of demonstrated bad conduct or insufficiency (Article 124).

Nullification of Council of States: Absolute Special Majority

Parliament may by regulation accommodate the nullification of the Legislative Council of a State having such a Council or for the production of a Council in a State having no Council, assuming that the Legislative Assembly of the State passes a goal with that impact by a majority of the all-out enrollment of the Assembly (Absolute majority). And by a majority of at the very least 66% of the Assembly individuals present and cast a ballot. (Exceptional Majority) Article 169. (1)

Evacuation of Speaker or Deputy Speaker of Assembly: (Effective Majority)

The Speaker or Deputy Speaker of Assembly might be taken out from his office by a goal of the Assembly passed by a majority of the relative multitude of individuals from the Assembly (Effective Majority). Article 179(C)

Crisis Proclamation (Absolute Special Majority)

As per article 352 (4), a crisis decree is laid before each House of Parliament and will quit working at the termination of one month except if before the lapse of that period it has been supported by the goals of the two Houses of Parliament. When supported, it will quit being in force if again not endorsed in six months or less. For both of these reasons, the goal ought to be passed by one or the other House of Parliament exclusively by a majority of the complete enrollment of that House (Absolute majority) and by a majority of at the very least 66% of the members of that House present and voting. (Special Majority)

Correction of the Constitution through Article 368 : (Absolute Special Majority)

As per Article 368(2), an amendment to Constitution might be started simply by the presentation of a Bill for a reason in one or the other House of Parliament, and when the Bill is passed in every House by a majority of the complete enrollment of that House (Absolute majority) and by majority members of at the very least 66% of the individuals present and casting a ballot, (Special majority).

Conclusion

In the Constitution of India, all decisions are taken based on voting and the majority. The Constitution is classified into four different types of majorities on account of this. The voting rights depend on these majorities only. The decision considers the number of votes, abstainers, and more. All major decisions, removal or addition of important positions like the VP, budgets, motions, and regulars are taken care of by the voting rights of these majorities.

faq

Frequently asked questions

Get answers to the most common queries related to the UPSC Examination Preparation.

How many types of majorities are there in the Indian Constitution?

Answer: There are four different majorities in the Indian Constitution, and they are Simple, Absolute, Effective, an...Read full

How can the correction of the Constitution through Article 368 be done?

Answer: The alteration of the Constitution likewise requires the consent of the state congregations; they can pass t...Read full

How is the removal of the Vice-President possible?

Answer: In the Constitution, successful dominant parts are required for expulsion of Vice-President, Deputy Chairman...Read full