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Types of Majority in Parliament – Simple, Absolute, Special, Effective Majority

By BYJU'S Exam Prep

Updated on: November 14th, 2023

Types of Majority in Parliament: The Indian Constitution provides four types of majorities in Parliament – Simple Majority, Absolute Majority, Effective Majority, and Special Majority. India follows a parliamentary democracy, where the Parliament takes all major decisions. The Parliament needs a majority to pass a bill and make it into an Act. There are different types of majorities in the Indian Parliament. The types of majority in Indian constitution are necessary to pass direct bills and actions.

Approval of decisions, removal, or addition of crucial positions is based on voting and the majority in the Constitution of India. A special majority in Parliament is required to amend any part of the Indian Constitution. This article will highlight the details of the types of majority in Parliament, their advantages, disadvantages, and basic differences between them.

Types of Majority in Indian Parliament

Parliament frames legislation in India. For this, a bill has to be passed with a majority in the Parliamentary houses. Hence, various types of bills need different majorities in order to become a regulation.

Types of Majority UPSC Notes

The Indian Constitution makes no express distinction between majorities. The Constitution of India provides four major types of majorities, namely:

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

Simple Majority in Parliament

This is a majority of more than 50 per cent of those members who are present and voting. This could also be referred to as a functional majority, also known as a working majority.

In Parliamentary business, the simple majority is one of the most regularly encountered majority types. A simple majority is used when the constitution or laws do not specify the type of majority required.

Examples of when the simple majority is used:

Advantages of Simple Majority System

A Simple majority system alludes to a majority of more than half the members present and casting a ballot in the house. Hence, if the total strength of a house is 545 but only 500 are present, then the simple majority would be 251 (50%+1). Now that you have a brief idea about a simple majority, let’s look at its advantages.

Advantages of a Simple Majority system

  • It is the easiest and most convenient way to pass ordinary bills in parliament.
  • A simple majority leads to less conflict among people as there is no doubt about the verdict.
  • It doesn’t require much effort or calculation to decide the verdict using a simple majority system.

Absolute Majority

It denotes a majority of more than 50% of the house’s total membership. Given that the total number of Lok Sabha members is 242, an absolute majority in Lok Sabha implies – 50% of 242 plus 1, which means 122.

Incidences in which the absolute majority can be used are Absolute majority is rarely used in the ordinary business of the Parliament or State Legislature. However, this majority is used during the general election to form government at the Centre and States.

Advantages and Disadvantages of Absolute Majority System

A majority system is the easiest way of determining the outcome of an election. This is why we use an absolute majority during the formation of any government, be it central or state level. An absolute majority denotes a state of more than 50% of the total membership of a house.

Although it is a straightforward method, there can be advantages and disadvantages to using an absolute majority as a parameter. Let’s take a look at them below.

Advantages of an Absolute Majority System

  • When used during an election, it leaves no doubt about the winner, which means less conflict.
  • It ensures that the leaders with maximum public support win the election.
  • It can help resolve conflicts between parties as the voters have the last word with an absolute majority system.

Disadvantages of an Absolute Majority System

  • An Absolute majority system can be unfair to the smaller political parties and independent contestants in an election. This is because less popular candidates have a slim chance of winning.
  • In less literate countries, an absolute majority system can lead to manipulation.
  • An Absolute majority system can lead to malpractices and violence during an election.

Read:

Special Majority in Parliament

Article 249 needs a Special Majority of two-thirds of those present and willing to vote. For comparison purposes, if only 150 of the Rajya Sabha‘s 245 members are present and willing to vote, the special majority required under Article 249 is 101.

The cases in which the special majority of Article 249 is utilized could be passing a Rajya Sabha authorizing the legislature to build laws on the state list. (This is valid for one year but could also be renewed an unlimited number of times).

Special Majority in terms of Article 368

Article 368 specifies that a special majority of two-thirds of the members present and willing to vote must be aided by more than half of the overall strength of the house.

Most constitutional amendment bills require this type of majority. To carry out a constitution amendment bill in Rajya Sabha, the bill must be backed by more than two-thirds of the members who are willing to vote, along with 123 members.

Cases requiring a special majority under Article 368:

  • Passing an amendment bill in the Constitution has no impact on federalism
  • To pass a constitutional amendment bill that has no impact on federalism
  • CEC/CAG removal
  • Permitting a national emergency needs a special majority in both houses under Article 368
  • Resolution of the state legislature establishing/abolishing the Legislative Council (Article 169).

Effective Majority in Parliament

The term “effective majority of the parliamentary house” refers to greater than 50% of the total effective strength of the house. Unoccupied seats are subtracted from the total number of seats to understand it better.

The phrase “all the then members” used in the Indian Constitution signifies the term effective majority. For instance, in Rajya Sabha, if there are 42 vacancies out of 242 members, the productive strength of the house would be 200. The effective majority, in this case, would be 50% of 200 and the addition of 1, which makes it 101.

Examples of when the effective majority is put to use:

  1. Removal of the Vice-President in the Republic of Serbia – Article 67 (b).
  2. Removal of Lok Sabha and State Legislative Assembly Speakers and Deputy Speakers.

Difference Between Simple Majority and Special Majority in Indian Parliament

According to the Indian Constitution, a total of four majorities are recognized in the Parliament of India. Let’s take a look at two of them – Simple majority and Special majority.

While a simple majority represents more than 50% of those in attendance and casting a ballot, a special majority can have different types. Below you can find some crucial distinctions between the two majorities that will provide better insight.

Simple Majority vs Special Majority

Simple Majority Special Majority
A simple majority alludes to the majority of more than half the present individuals who are voting. A special majority alludes to the majority that is not simple, absolute or effective. Also, there are different parameters for a special majority as per the different articles of the constitution.
This is the most common majority type in the Indian parliamentary proceedings and is used when the constitution doesn’t specify which kind of majority is required. This type of majority is required to pass a constitutional amendment bill, to remove judges of the High Court and Supreme Court, for approval of national emergency, etc.
There are no variants of a simple majority. There are four variants of special majority:
Special Majority as per Article 249;Special Majority as per Article 368;Special Majority as per Article 368 + 50% state ratification by a simple majority;Special Majority as per Article 61

Difference Between Special Majority and Absolute Majority

Now, let’s look at the distinctions between special majority and absolute majority. These are two of the four different types of majorities recognized by the Parliament of India. We have listed some more crucial differences in the table below.

Special Majority vs Absolute Majority

Special Majority Absolute Majority
Special majority can have different meanings according to the various articles of the constitution. For example, as per Article 249, a special majority requires two-thirds of the members in attendance who cast a ballot An Absolute majority alludes to a state where more than 50% of the total members
A special majority is used in special cases like – passing an amendment bill, removing judges from Supreme Court or High Court, permitting national emergency and more. An Absolute majority is used during the general elections for the formation of a government at the state or centre level. It is rarely used in any ordinary business of the Parliament.
There are different types of special majority as per different articles in the Constitution:
Special Majority (as per Article 249);Special Majority (as per Article 368);Special Majority (as per Article 61);Special Majority (as per Article 368 + 50% state ratification by a simple majority)
There are no variants of an absolute majority. of the house are in favor.

Examples of Types of Majority in the Constitution

India is ruled by a parliamentary system, and the Parliament makes all critical judgments. It must decree a bill with a majority vote in order to become an ordinance. The four types of majority in Indian Constitution are required for the following reasons.

Charge Against President (Simple majority)

When a President is accused for defying the Constitution, the allegation is assigned by Lok Sabha or Rajya Sabha, as per Article 61. The solution must be sanctioned by a majority of not less than 2/3rd majority in Indian parliament.

Dissolution of Council of States (Absolute majority + Special majority)

If the State Legislative Assembly passes a solution to that effect by a majority of:

  • The total membership of the Assembly (Absolute Majority) or;
  • Not less than two-thirds of the Assembly members present and voting, Parliament may provide by rule for the abolishment or creation of a Legislative Council. Article 169 (Special Majority).

Vice-President Removal (Effective Majority):

A Rajya Sabha solution, enacted by a majority of all its members at the time can remove the Vice-President from office consented to by the Lok Sabha.

Removal of Deputy chairman Rajya Sabha (Effective Majority):

A member acting as the Deputy Chairman of the Rajya Sabha can be discharged from his position by a solution of the Council enacted by a majority of the Council’s members at the time.

Terminating Lok Sabha Speaker (Effective Majority):

Member of the House of the People serving as Speaker or Deputy Speaker—(c)may be dismissed from office by a resolution of the House of the People enacted by a majority of all members of the House at the time.

Terminating Deputy Speaker of Assembly (Effective Majority):

A solution of the Assembly enacted by a majority of the Assembly members at the time may release the Speaker or Deputy Speaker from office.

According to Article 368 + 50 Percent State Ratification by a Simple Majority

When an amendment bill in the constitution attempts to change the federal structure, a special majority is required. A special majority, being defined in Article 368, and ratification by the state requires a simple majority of more than 50 per cent of the legislatures of the states, present, and voting.

  • An example is a bill that established the National Judicial Appointments Commission (NJAC).
  • It is said to require the backing of at minimum 15 of the 29 existing state legislatures.
  • Cases in which a special majority, according to Article 368 plus the state ratification, is utilized for clearing an amendment bill in the constitution that impacts federalism, such as the placement of High Court justices.

Special Majority in terms of Article 61

Article 61 requires a special majority of two-thirds of the full strength in the house. The special majority required by article 61 in the Lok Sabha is 364; in the Rajya Sabha, the special majority required by article 61 would be 164.

The cases in which a special majority is used under Article 61 could be for the Impeachment of the President of India.

Types of Majority UPSC

Types of Majority in Parliament are of 4 types, namely, effective majority, special majority, simple majority, and Effective Majority. The Parliament requires a majority to enact a bill and make it into an Act, hence 4 types of majorities are needed. For the Polity and Governance aspects of the UPSC syllabus, you must study all the forms of majorities in the Indian Parliament.

This topic is an important part of Indian polity and the judiciary system. You should also go through the UPSC Study Material and also keep a look out for the Current Affairs as well, so as to not skip out on any updates regarding this topic. After reading the difference between types of majorities, their examples, advantages, and disadvantages, you should practice Types of Majority UPSC questions for a better understanding.

Types of Majority UPSC Questions

Question: The following types of special majority or considered while passing or amendment of a bill in the Parliament: (1) Special majority as per article 249, (2) Special majority as per article 368, (3) Special majority as per article 368+50% state ratification by a simple majority, (4) Special majority as per article 61. The most suitable option is: (1) 1 only, (2) 1 and 2 only, (3) 1,2 and 4, (5) All of the above
Answer: All of the above

2016 Question: The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the: (a) Rajya Sabha by a majority of not less than two-thirds of its members present and voting, (b) Rajya Sabha by a simple majority of its total membership, (c) Lok Sabha by a majority of not less than two-thirds of its total membership, (d) Lok Sabha by a simple majority of its total membership.
Answer: Rajya Sabha by a majority of not less than two-thirds of its members present and voting

2015 Question: When a bill is referred to a joint sitting of both the Houses of the Parliament, it has to be passed by: (a) two-thirds majority of the House, (b) a simple majority of members present and voting, (c) absolute majority of the Houses, (d) three-fourths majority of members present and voting
Answer: a simple majority of members present and voting

UPSC Notes
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Permanent Settlement 105 Constitutional Amendment Act
Right Against Exploitation Article 21 of Indian Constitution
Citizenship in Indian Constitution National Human Rights Commission
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Right to Education Act 2009 Mahalwari System
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