# Majorities

version from 2016-08-05 06:27

## Types of Majorities - Explanation

AbsoluteMore than 50% of the Total Strength of the House. Meaning 1/2 x 545 = 273 or more.
SimpleAlso called functional majority. It means Majority of more than 50% of members present and voting.Lets assume the members present and voting is 300 (out of 545). We have – 1/2 X 300 = 150 or more
Effective MajorityMeans Majority of the Effective Strength of the House where Effective Strength is defined as Total Strength – No. of Vacancies. Vacancies arise due to 3 reasons – Death, Disqualification, Resignation. Some sources mention Absenteeism as a vacancy but that is incorrect. Lets assume Number of Vacancies are 6. We have 1/2 X (545-6) = 270 or more
Special Majority of first kindNot less than 2/3 of the Members present and voting.
Special majority of 2nd kindFulfills the following criteria i) Not less than 2/3 of the Members present and voting. ii) Majority of the Total Strength of the House. Eg. Out of 545, 450 Members are present and 300 vote in favor. Both the above conditions are satisfied – 300 is more than 2/3 of 450 and 300 is more than 1/2 of 545. To make it simpler to remember, it is Special Majority of First kind + Absolute Majority.
Special majority of 3rd kindthis is used only once – during the impeachment of the President of India. Is mentioned in Art. 61 of the Constitution. 2/3rd Majority of the Total Strength of the House. 2/3 X 545 = 364 or more

## Examples of types of Majorities

When not stated what type of Majority in the Constitution, this majority is assumedSimple Majority
Passage of Ordinary, Money and Financial BillsSimple Majority
Passage of No-Confidence Motion, Confidence Motion, Vote of Thanks to the President, Censure Motion, Adjournment Motion, Calling Attention MotionSimple Majority
Election of the Speaker, Dy. Speaker, Dy. Chairman of RSSimple Majority
Passage of approval to President’s Rule and Financial EmergencySimple Majority
Approval by LS for discontinuance of EmergencySimple Majority
Removal of the VP. Initiated by the RS, requires Effective Majority in the RS, thereafter Simple Majority in the LS. (this procedure is assumed since the Constitution doesn’t explicitly state it)Effective Majority
Removal of the Speaker, Dy. Speaker and Dy. Chairman of the Rajya SabhaEffective Majority
Passage of Resolution under Art. 249 and Art. 312Special majority of first kind
Power of Parliament to legislate with respect to a matter in the State List in the national interest art 249Special Majority of 1st kind
Creation of All India ServicesSpecial Majority of 1st kind
Passage of Constitutional Amendment Bills under Art. 368Special majority of second kind
Approval by both Houses for the continuance of EmergencySpecial majority of second kind
Removal of Judges of SC, High Court, CAG, CECSpecial majority of second kind
Approval for the creation of State Legislative Council of a State under Art. 169Special majority of second kind
Impeachment of the President of India Art. 61 of the ConstitutionSpecial majority of 3rd kind
Admission or establishment ofnew statesSimple Majority not 368
Formation ofnew states and alteration ofareas, boundaries or names ofexisting statesSimple Majority not 368
Abolition or creation oflegislative councils in statesSimple Majority not 368
Second Schedule—emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etcSimple Majority not 368
Quorum in ParliamentSimple Majority not 368
Salaries and allowances ofthe members ofParliamentSimple Majority not 368
Rules ofprocedure in ParliamentSimple Majority not 368
Privileges ofthe Parliament, its members and its committeesSimple Majority not 368
Use ofEnglish language in ParliamentSimple Majority not 368
Number ofpuisne judges in the Supreme CourtSimple Majority not 368
Conferment ofmore jurisdiction on the Supreme CourtSimple Majority not 368
Use ofofficial languageSimple Majority not 368
Citizenship—acquisition and terminationSimple Majority not 368
Elections to Parliament and state legislaturesSimple Majority not 368
Delimitation ofconstituenciesSimple Majority not 368
Union territoriesSimple Majority not 368
Fifth Schedule—administration ofscheduled areas and scheduled tribesSimple Majority not 368
Sixth Schedule—administration oftribal areasSimple Majority not 368
Fundamental RightsSpecial Majority 2nd kind art 368
Directive Principles of State PolicySpecial Majority 2nd kind art 368
Election ofthe President and its mannerSpecial Majority 2nd kind art 368 + Ratification of half of states by simple majority
Extent ofthe executive power ofthe Union and the statesSpecial Majority 2nd kind art 368 + Ratification of half of states by simple majority
Supreme Court and high courtsSpecial Majority 2nd kind art 368 + Ratification of half of states by simple majority
Distribution oflegislative powers between the Union and the statesSpecial Majority 2nd kind art 368 + Ratification of half of states by simple majority
Any ofthe lists in the Seventh ScheduleSpecial Majority 2nd kind art 368 + Ratification of half of states by simple majority
Representation ofstates in ParliamentSpecial Majority 2nd kind art 368 + Ratification of half of states by simple majority
Power of Parliament to amend the Constitution and its procedure (Article 368 itself)Special Majority 2nd kind art 368 + Ratification of half of states by simple majority
Parliamentary legislation in state field RS passes resolution2/3rd of Members present and voting