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Types Majorities in Indian Constitution

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Absolute Majority [>50% of TS (273)]: It refers to a majority of more than 50% of the total
membership of the house. It is not used anywhere in constitution as standalone requirement.
Simple Majority [>50% of P & V]: This refers to majority of more than 50% of the members present
and voting. Most of the normal motions in the house such as No-confidence Motion, Vote of thanks (to
the President or Governor), Adjournment Motion, Censure Motion, Cut motions etc. need simple
majority.
Effective Majority [>50% of ES]: Effective Majority (ES= Total Strength- Vacancies) of house
means more than 50% of the effective strength of the house. This implies that out of the total strength,
we deduct the absent and vacant seats. Our Constitution writes "all the then members" which refers to
effective majority.
Special Majorities: Any Majority other than simple, absolute and effective majority.
a) Majority as under Article 249 & 312 [Not less than 2/3 of P & V]
b) Majority as under Article 368 [Not less than 2/3 P & V + majority of TS]
c) Majority as under Article 61 [Not less than 2/3 of TS]
QUORUM: requires 1/10 of Total Strength of the House.

Examples of Majorities in Constitution


Removal of President: Special Majority [4(c)]
According to Article 61, When a President is to be impeached for violation of the Constitution; the charge shall
be preferred by either House of Parliament. A 14 days notice to move a resolution is given. Then, the resolution
has to be passed by a majority of not less than two-thirds of the total membership of the House.
Removal of the Vice-President: Effective Majority [3]
Article 67(b): Vice-President may be removed from his office by a resolution of the Council of States passed by
a majority of all the then members of the Council and agreed to by the House of the People; but no resolution
for the purpose of this clause shall be moved unless at least fourteen days' notice has been given of the intention
to move the resolution. (Effective majority in Rajya Sabha and agreed to Lok Sabha also means simple
majority)
Removal of Deputy chairman of Council of States: Effective Majority [3]
Article 90(c):A member holding office as Deputy Chairman of the Council of States may be removed from his
office by a resolution of the Council passed by a majority of all the then members of the Council. (Simple
Majority in Rajya Sabha)
Removal of Speaker and Lok Sabha Speaker: Effective Majority [3]
Article 94: Member holding office as Speaker or Deputy Speaker of the House of the People(c)may be
removed from his office by a resolution of the House of the People passed by a majority of all the then members
of the House:
Removal of Supreme Court Judge: Absolute + Special Majority [1+4(b)]
Article 124(4): A Judge of the Supreme Court shall not be removed from his office except by an order of the
President passed after an address by each House of Parliament supported by a majority of the total membership
of that House (Absolute Majority) and by a majority of not less than two-thirds of the members of that House
present and voting (Special Majority) voting has been presented to the President in the same session for such
removal on the ground of proved misbehaviour or incapacity.

Abolition of Council of States: Absolute + Special Majority [1+4(b)]


Article 169(1): Parliament may by law provide for the abolition of the Legislative Council of a State having
such a Council or for the creation of such a Council in a State having no such Council, if the Legislative
Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly
(Absolute Majority) and by a majority of not less than two-thirds of the members of the Assembly present and
voting. (Special Majority)
Removal of Speaker or Deputy Speaker of Assembly: (Effective Majority) [3]
Article 179 (C): Speaker or Deputy Speaker of Assembly may be removed from his office by a resolution of the
Assembly passed by a majority of all the then members of the Assembly (Effective Majority).
Removal of Chairman or Deputy Chairman of a Legislative Council: (Effective Majority) [3]
Article 183 (C): Chairman or Deputy Chairman of a Legislative Council may be removed from his office by a
resolution of the Council passed by a majority of all the then members of the Council. (Simple Majority)
Emergency Proclamation (Absolute + Special Majority) [1+4(b)]
According to article 352 (4) an emergency proclamation is laid before each House of Parliament and shall cease
to operate at the expiration of one month unless before the expiration of that period it has been approved by
resolutions of both Houses of Parliament. Once approved it shall cease to be in force if again not approved
within six months. For both of these purposes, the resolution should be passed by either House of Parliament
only by a majority of the total membership of that House (Absolute Majority) and by a majority of not less than
two-thirds of the Members of that House present and voting.(Special Majority)
Amendment of the Constitution via article 368 : (Absolute + Special Majority) [1+4(b)]
According to Article 368(2), amendment to Constitution may be initiated only by the introduction of a Bill for
the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total
membership of that House (Absolute Majority) and by a majority of not less than two-thirds of the members of
that House present and voting, (special Majority).
Further, if the amendment of the constitution also requires the assent of the state assemblies, they can pass the
constitutional Amendment Bill with simple majority.

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