Types of Majorities in the Indian Parliament UPSC | Indian Polity

Types of Majorities: 1. Simple Majority:- More than 50% of the members present and voting. 2. Absolute Majority-More than 50% of the total membership
Types of Majorities


Types of Majorities in the Indian Parliament

 In parliamentary procedures, different types of majorities are required for decision-making depending on the nature of the issue. Below are the types of majorities used in the Indian parliamentary system:


Type Definition Where Used House(s) Involved
Simple Majority More than 50% of members present and voting Ordinary Bills, Motions Lok Sabha, Rajya Sabha (depends on case)
Absolute Majority More than 50% of the total strength of the house Forming Government Lok Sabha
Effective Majority More than 50% of the effective strength of the house (excluding vacancies) Removal of Vice-President Both Houses
Special Majority Two-thirds of present and voting + more than 50% of total strength Constitutional Amendments, Key Motions Lok Sabha, Rajya Sabha
Majority of Total Membership More than 50% of the total membership Impeachment of President Both Houses

1. Simple Majority (Also called Functional Majority)

  • Definition: More than 50% of the members present and voting.
  • Calculation: Only the members who actually vote (excluding absentees and abstentions) are counted.
Example: If 400 members are present and 360 vote, at least 181 votes (50% + 1) are required for a simple majority

Constitutional Basis

  • Article 100:
    Unless the Constitution specifically provides otherwise, all questions in Parliament are decided by a majority of members present and voting.

👉 This means simple majority is the general rule for most parliamentary decisions.

Uses of Simple Majority

1. Passing of Bills

  • Ordinary Bills

  • Money Bills

  • Financial Bills

2. Passing Important Motions

  • Adjournment Motion

  • No-Confidence Motion

  • Confidence Motion

  • Censure Motion

  • Motion of Thanks

3. Removal of Certain Officials

  • Removal of the Vice-President in the Lok Sabha (Article 67)
    (Note: The resolution is passed in RS by an effective majority, but Lok Sabha approves it by simple majority.)

4. Emergency-Related Approvals

  • Approval of President’s Rule (Article 356)

  • Approval of Financial Emergency (Article 360)

5. Elections in Parliament

  • Election of Speaker (LS) – Article 93

  • Election of Deputy Speaker (LS) – Article 93

  • Election of Deputy Chairman (RS) – Article 89

6. National Emergency

  • Lok Sabha resolution to disapprove continuation of National Emergency (Article 352)

2. Absolute Majority.

Definition

  • Absolute Majority = More than 50% of the total membership of the House.

  • Here, the calculation is based on the entire strength of the House, irrespective of vacancies, absentees, or abstentions.

Meaning

  • Even if some seats are vacant or members are absent, the majority is calculated from the full sanctioned strength of the House.

Example

  • Lok Sabha total strength = 545

  • Absolute majority = 50% + 1 = 273

Constitutional Note

  • The Constitution does not prescribe absolute majority as a standalone requirement for any specific purpose.

  • However, it is essential in parliamentary practice, especially for forming the government.

  • However, it is used as a component of certain special majorities, especially:

    • Special Majority Type–1 (Article 368 amendments) → requires:
      ✓ 2/3rd of members present & voting AND
      More than 50% of total membership (absolute majority)

Example: How Absolute Majority is Used in Special Majority Type–1

Scenario

A Constitutional Amendment Bill is being voted on in the Lok Sabha.

Data

  • Total membership of Lok Sabha = 543

  • Members present = 480

  • Members voting = 450

Step 1: Check Absolute Majority (Component 1)

Absolute Majority = More than 50% of total membership

  • 50% of 543 = 271.5 → next whole number = 272

  • So, at least 272 MPs MUST vote YES
    (This is the "absolute majority component")

Step 2: Check Two-Thirds Present & Voting (Component 2)

Two-thirds of members present & voting =
2/3 of 450 = 300

So, at least 300 MPs MUST vote YES.

Final Requirement

For the Bill to pass, the YES votes must meet BOTH conditions:

  1. ≥ 272 (Absolute Majority)

  2. ≥ 300 (Two-thirds Present & Voting)

Therefore, minimum YES votes required = 300,
because 300 already satisfies both conditions:

  • 300 ≥ 272 ✔ (absolute majority satisfied)

  • 300 ≥ 300 ✔ (two-thirds present & voting satisfied)

Conclusion (Easy Memory Trick)

Even though absolute majority is not used alone,
it becomes mandatory inside the rule for passing Constitutional Amendment Bills under Article 368.

3. Effective Majority

Definition

  • Effective Majority = More than 50% of the effective strength of the House.

  • Effective strength = Total membership – Vacant seats

This means vacant seats are not counted, but absentees/abstentions are still included while calculating the majority requirement.

  • Example: If there are 545 total Lok Sabha seats but 5 are vacant, the effective strength is 540, so 271 votes (50% + 1) are required.

Uses of Effective Majority

Effective majority is required in the following cases:

1. Removal of Vice-President (Rajya Sabha)

  • Rajya Sabha passes the resolution by effective majority.

  • Lok Sabha approves it by simple majority.

  • (Article 67)

2. Removal of Speaker of Lok Sabha

3. Removal of Deputy Speaker of Lok Sabha - (Art 94)

4. Removal of Deputy Chairman of Rajya Sabha- (Art 90)

These positions require a stronger majority than simple majority but not as strong as special majority.

Example (Easy Explanation)

Scenario

  • Rajya Sabha total sanctioned strength = 245

  • Vacant seats = 5

  • Effective strength = 245 – 5 = 240

Effective Majority = More than 50% of 240

  • 50% of 240 = 120

  • Effective majority = 121 (50% + 1)

Meaning

For passing a resolution (for example, removal of the Vice-President), at least 121 MPs must vote YES, even if:

  • Only 180 members are present, or

  • Some abstain from voting

The requirement (121) never changes unless vacancies change.

4. Special Majority (Varies by context)

(i) Special Majority under Article 368:

  • This majority requires both conditions together:

    1. A majority of the total membership of each House, AND

    2. A two-thirds majority of the members present and voting.

    This is the most frequently used form of special majority under the Constitution.

Constitutional Uses

Special Majority-I is mandatory in the following cases:

(a) Amendment of the Constitution under Article 368.
(b) Removal of Judges of the Supreme Court (Article 124).
(c) Removal of Judges of the High Courts (Article 217).
(d) Removal of the Comptroller and Auditor General of India (Article 148).
(e) Removal of the Chief Election Commissioner (Article 324).
(f) Removal of the State Election Commissioner (Article 243K).
(g) Parliamentary approval of a proclamation of National Emergency after one month (Article 352).

  • Example: In a House with 545 total members and 450 present, at least 300 (two-thirds of 450) must vote in favor, provided it also exceeds 273 (absolute majority).

(ii) Special Majority – II:

Definition

This type requires:

  • A two-thirds majority of the total membership of each House.
    This is a stricter requirement than Special Majority-I because it considers the entire sanctioned strength, not only present members.

Constitutional Use:-

Impeachment of the President of India (Article 61): This is the only case in the Constitution requiring Special Majority–II.

Example

  • Lok Sabha total membership = 543
  • Two-thirds of total = 362
  • So impeachment requires 362 YES votes, no matter how many are present.

(iii) Special Majority-III (Two-thirds Present and Voting):

Definition

  • Two-thirds majority of members present and voting, but only in the Rajya Sabha.

Used In:

(a) Creation of New All-India Services

  • Article 312

  • Example: Indian Forest Service was created using this provision.

(b) Parliament Making Laws on State List Subjects

  • Article 249

  • Used when Rajya Sabha declares “it is in the national interest”.

Example

Rajya Sabha:

  • Members present = 240

  • Votes cast = 210

  • 2/3 of 210 = 140

So the resolution needs 140 YES votes.

Special Majority Type Formula Used For
Type–I Majority of total membership + 2/3 present & voting Constitutional Amendments, removal of judges, CAG, CEC, approval of emergency
Type–II 2/3 of total membership Impeachment of President
Type–III 2/3 present & voting (RS only) Creation of AIS, Parliament legislating on State List

6. Simple Majority of State Legislatures (affecting the federal structure)

Some Constitutional Amendments cannot become law unless States also agree.This is called State Ratification

1. India has 28 States

To approve such amendments, we need:

Simple majority in each state that votes
At least 50% of states must approve

This means:

  • Minimum states needed = 14 states (out of 28)

  • Each of these 14 states must pass the amendment by simple majority (present & voting) in their State Assembly.

You do NOT need all states.
You do NOT need special majority in states.

Just:

👉 Simple majority in at least half of the states.

👉 Why do some amendments require state approval?

Because they affect the federal structure, such as:

  • GST

  • Distribution of powers (Union–State List)

  • Supreme Court / High Court powers

  • Changing state representation in Parliament

  • Changing Article 368

  • Changing the 7th Schedule

These changes require both Parliament + States to agree.

Super Simple Example

Suppose Parliament passes a Constitutional Amendment:

“Change the powers of State Legislatures.”

Now, states must approve it.

Step 1: Count 50% of states

  • Total states = 28

  • 50% = 14 states

Step 2: Each of these 14 states must pass it by simple majority

Example (Karnataka):

  • Total MLAs present = 200

  • Votes: 120 YES, 80 NO

  • 120 > 100 → Simple Majority achieved

Do this in 14 different states → Amendment passes.

Even if the remaining 14 states reject it or do not vote → does NOT matter.

As long as 14 states say YES, the amendment becomes valid.

Summary Table:

Type Requirement Usage
Simple Majority 50% + 1 of members present and voting Ordinary bills, budget, motions, elections
Absolute Majority 50% + 1 of total membership Rarely used
Effective Majority 50% + 1 of effective strength Removal of Speaker/Deputy Speaker
Special Majority Varies: Two-thirds + total majority or state ratification Constitutional amendments, impeachment

Each type of majority ensures flexibility while maintaining appropriate checks for different levels of legislative or constitutional actions.

Types of Majorities.pdf 190KB

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