Simple Majority (also called Functional Majority or Working Majority):🔗

• What it is: A simple majority refers to more than 50% of the members present and voting. This is the most common type of majority used in parliamentary proceedings.
• Calculation:
  1. Determine the total number of members present in the house.
  2. Subtract the number of members who abstain from voting (choose not to vote).
  3. Calculate 50% of the remaining number.
  4. Add 1 to that result. This is the simple majority.
• Example: In the Lok Sabha, if 400 members are present, and 50 abstain, then 350 members are present and voting. 50% of 350 is 175. The simple majority is 175 + 1 = 176.
• Uses:
  • Passing Ordinary Bills: Most bills, including Money Bills and Financial Bills, require a simple majority in both Houses of Parliament.
  • Passing Motions: No-Confidence Motion, Adjournment Motion, Censure Motion, Confidence Motion. These motions are used to hold the government accountable.
  • Declaring Financial Emergency: Under Article 360.
  • Declaring State Emergency (President's Rule): Under Article 356.
  • Election of Speaker and Deputy Speaker: Of the Lok Sabha and State Legislative Assemblies.
  • Constitutional Amendment Bills at State Level: If a Constitutional Amendment Bill (under Article 368) requires ratification by the states, the state legislatures can approve it with a simple majority.
  • Joint sitting of houses: To resolve the disagreements.

Why is simple majority used for the motions?🔗

It ensures day to day working, checks and balances of the government, and represents the will of present and voting members.

Absolute Majority:🔗

• What it is: More than 50% of the total membership of the House, regardless of attendance or vacancies.
• Calculation: Take the total number of seats in the House and divide by 2, then add 1.
• Example: The Lok Sabha has a total strength of 545. The absolute majority is (545 / 2) + 1 = 273.
• Uses:
  • Formation of Government: While not explicitly required by the Constitution, the party or coalition forming the government at the Center or in the States generally needs to demonstrate absolute majority support to show they have the confidence of the House. This is crucial after general elections.
  • It is not normally used for daily operations.

Why absolute majority used for formation of the government, and not simple majority?🔗

This is to make sure that the government have the support from the total members of the house, and to bring stability.

Effective Majority:🔗

• What it is: More than 50% of the effective strength of the House. Effective strength is the total strength minus vacancies.
• Calculation:
  1. Start with the total membership of the House.
  2. Subtract the number of vacant seats (seats that are empty due to death, resignation, or disqualification – not just absent members).
  3. Calculate 50% of the remaining number.
  4. Add 1 to that result.
• Example: In the Rajya Sabha, with a total strength of 245, if there are 20 vacant seats, the effective strength is 225. The effective majority is (225 / 2) + 1 = 113.
• Uses: The Constitution refers to this as "all the then members."
  • Removal of Vice-President: Article 67(b) states the Vice-President can be removed by a resolution of the Rajya Sabha passed by an effective majority and agreed to by the Lok Sabha with a simple majority.
  • Removal of Speaker and Deputy Speaker: Of the Lok Sabha (Article 94(c)) and State Legislative Assemblies (Article 179(c)).

What is meant by vacant seats? Why absent seats are not considered?🔗

Vacant seats refer to those seats which are empty due to the death or resignation of the sitting member. A fresh election is to be held for those seats. However, absent members may have been absent due to many other reasons and do not require any fresh election. Hence vacant seats are subtracted, but not the absent seats.

Special Majority🔗

This category encompasses several different types of majorities, each with specific requirements and used for specific purposes. They are all more stringent than the other types of majorities.

• 4.1 Special Majority as per Article 249:

  • What it is: A majority of 2/3rd of the members present and voting.
  • Use: Empowers Parliament to legislate on a matter in the State List. Rajya Sabha must pass a resolution with this majority, declaring that it's necessary in the national interest. This resolution lasts for up to one year but can be renewed indefinitely.

• 4.2 Special Majority as per Article 368:

  • What it is: This is the most common type of special majority used for Constitutional amendments. It has two requirements:
    1. A majority of 2/3rd of the members present and voting.
    2. This 2/3rd majority must also be more than 50% of the total membership of the House (i.e., an absolute majority).
  • Uses:
    • Most Constitutional Amendment Bills: Those that do not affect the federal structure of the country.
    • Removal of Judges: Of the Supreme Court and High Courts.
    • Removal of the Chief Election Commissioner (CEC) and the Comptroller and Auditor General of India (CAG).
    • Approval of a National Emergency: Under Article 352.
    • Resolution by a State Legislature: For the creation or abolition of a Legislative Council (Article 169). The state legislature passes the resolution with this special majority, and then Parliament can create or abolish the Council by a simple majority.

• 4.3 Special Majority as per Article 368 + State Ratification:

  • What it is: This is used for amending provisions that affect the federal structure of India. It requires:
    1. The special majority as per Article 368 (2/3rd present and voting, and an absolute majority) in both Houses of Parliament.
    2. Ratification by a simple majority in at least 50% of the state legislatures.
  • Uses: Amendments related to:
    • Election of the President (Articles 54, 55).
    • Extent of the executive power of the Union and the States (Articles 73, 162).
    • Provisions dealing with the Supreme Court and High Courts (Articles 124-147, 214-231).
    • Distribution of legislative powers between the Union and the States (Seventh Schedule).
    • Representation of States in Parliament.
    • Article 368 itself (the amending power).
  • Example: The National Judicial Appointments Commission (NJAC) bill, which sought to change the way judges were appointed, required this type of majority.

• 4.4 Special Majority as per Article 61:

  • What it is: A majority of 2/3rd of the total membership of the House. This is the most stringent majority.
  • Use: Impeachment of the President of India for "violation of the Constitution." The motion can be initiated in either House, but it must be passed by this majority in both Houses.

Key Differences and Considerations:

• Stringency: Simple < Effective < Absolute < Special (with Article 61 being the most stringent).
• Purpose: The type of majority required reflects the importance and sensitivity of the decision. Routine matters use a simple majority. Fundamental changes to the Constitution require special majorities.
• Federalism: The requirement for state ratification in certain amendments (Article 368 + ratification) safeguards the federal structure by giving states a voice in changes that affect them directly.
• Checks and Balances: The use of different majorities prevents concentration of powers.