Types of Majorities Used in the Indian Parliament – Absolute, Effective, Simple, and Special Majority

What is the difference between the absolute majority and effective majority? How is the simple majority different from the special majority required by article 368? Confusing questions!

The majority required to pass a resolution, motion, or a bill varies depending upon the purpose.

As this is one of the most confusing areas for most students, we are coming up with a new post on the type of majorities used while voting in the Indian Parliament as well as State Legislatures.

Types of Majorities as per the Indian Constitution

Majority needed in the Indian Parliament

There is no explicit classification of majorities in the Indian Constitution. But a careful reading of different articles in Indian Constitution would provide an idea about four types of majorities.

They are Absolute Majority, Effective Majority, Simple Majority and Special Majority. For ease of understanding, we have again classified Special Majority into four sub-types.

Types of Majorities Used While Voting in the Indian Parliament

Absolute majority

It refers to a majority of more than 50% of the total membership of the house. For example, as the total membership of Lok Sabha is 545, an absolute majority in Lok Sabha means – 50% of 545 plus 1, ie. 273.

Cases, where the absolute majority is used: In the normal business of the Parliament or State Legislature absolute majority, is not generally used. But this majority is used during the general election, for the formation of government at Center and States.

Effective Majority

Effective Majority of the house means more than 50% of the effective strength of the house. This implies that out of the total strength, we deduct the vacant seats. When the Indian Constitution mentions “all the then members”, that refers to the effective majority.

For example, in Rajya Sabha, out of the total strength of 245 members if there are 45 vacancies, then the effective strength of the house is 200. Then the effective majority is 50% of 200 plus 1, ie 101.

Cases where the effective majority is used:

Removal of Vice-president in RS – Article 67(b).

Removal of Speaker and Deputy Speaker of Lok Sabha and State Legislative Assembly.

Simple Majority

This refers to the majority of more than 50% of the members present and voting. This is also known as functional majority or working majority. The simple majority is the most frequently used form of majority in Parliamentary business. When the constitution or the laws do not specify the type of majority needed, the simple majority is considered for voting.

To understand simple majority, let us consider a situation in Lok Sabha. On a particular day, out of the total strength of 545, 45 were absent and 100 abstained from voting on an issue. So only 400 members were present and voting. Then the simple majority is 50% of 400 plus 1, ie. 201.

Ordinary bills need to be passed with a simple majority in both Houses of the Parliament before it is sent to Indian President for his assent.

Cases where the simple majority is used:

To pass Ordinary/Money/Financial bills.

To pass Non-Confidence Motion/Adjournment Motion/Censure Motion/Confidence Motion.

For the removal of Vice President majority required in Lok Sabha is the simple majority – A67(b).

To declare a financial emergency.

To declare a state emergency (President’s rule).

Election of Speaker/Deputy Speaker of Lok Sabha and State legislatures.

Constitution Amendment Bill under Article 368 which needs to be ratified by states, require only simple majority at State Legislatures.

Special Majority

All types of majorities other than the absolute, effective or simple majority is known as the special majority. A special majority are of 4 types, with different clauses.

Type 1 – Special Majority as Per Article 249.

Type 2 – Special Majority as per Article 368.

Type 3 – Special Majority as per Article 368 + 50 percent state ratification by a simple majority.

Type 4 – Special Majority as per A61.

Special Majority as Per Article 249

Special majority as per article 249 requires a majority of 2/3rd members present and voting. For example, if out of the 245 members in Rajya Sabha, if only 150 are present and voting, then the special majority required as per article 249 would be 101.

Cases where special majority as per article 249 is used: To pass the Rajya Sabha resolution to empower the parliament to make laws in the state list. (valid up to 1 year, but can be extended any number of times).

Special Majority as Per Article 368

Special majority as per article 368 requires a majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house. This type of majority is used for most of the Constitutional amendment bills. To pass a constitution amendment bill in Rajya Sabha, in addition to getting the support of 123 members, the bill should be favoured by more than 2/3rd of the members present and voting.

Cases where special majority as per article 368 is used:

To pass a constitutional amendment bill which does not affect federalism.

Removal of judges of SC/HC.

Removal of CEC/CAG.

Approval of national emergency requires special majority as per Article 368 in both houses.

Resolution by the state legislature for the creation/abolition of Legislative Council (Article 169).

Special Majority as Per Article 368 plus State ratification

This type of special majority is required when a constitutional amendment bill try to change the federal structure. Special majority as per article 368 plus state ratification requires a majority of 2/3rd members present and voting supported by more than 50% of the state legislatures by a simple majority. A good example would be the bill which introduced the National Judicial Appointments Commission (NJAC). It required the support of at least 15 state legislatures out of the 29 states.

Cases where special majority as per article 368 plus state ratification is used: To pass a constitutional amendment bill which affects federalism like the position of High Court Judges.

Special Majority as Per Article 61

Special majority as per article 61 requires a majority of 2/3rd members of the total strength of the house. In Lok Sabha, the special majority as per article 61 is 364 while in Rajya Sabha, the special majority as per article 61 is 164.

Cases where special majority as per article 61 is used: For the impeachment of the Indian President.

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When Does a Bill Lapse in Indian Parliament?

We sometimes read news about lapsed bills with respect to Indian Parliament as well as State Legislatures. But when does a bill lapse? Normally, bills lapse in connection with the dissolution of Lok Sabha or State Legislative Assembly. But there are multiple sub-cases regarding this. In this post, we discuss the different cases of lapsing of bills in detail.

When Does a Bill Lapse in Indian Parliament?

Please remember that only the Lok Sabha and the Legislative Assemblies are subject to dissolution (and there is no dissolution for Rajya Sabha and State Legislative Council).

When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions and so on pending before it or its committees lapse. They must be reintroduced in the newly-constituted Lok Sabha to be pursued further. Articles 107 and 108 of the Indian Constitution deals with these provisions. The position with respect to lapsing of bills is as follows:

Cases when a bill lapse:

1.  A bill originated in the Lok Sabha but pending in the Lok Sabha – lapses.
2. A bill originated and passed by the Rajya Sabha but pending in Lok Sabha – lapses.
3. A bill originated and passed by the Lok Sabha but pending in the Rajya Sabha – lapses.
4. A bill originated in the Rajya Sabha and returned to that House by the Lok Sabha with amendments and still pending in the Rajaya Sabha on the date of the dissolution of Lok Sabha- lapses.

Cases when a bill does not lapse:

1. A bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse.
2. If the president has notified the holding of a joint sitting before the dissolution of Lok Sabha, does not lapse.
3.  A bill passed by both Houses but pending assent of the president does not lapse.
4. A bill passed by both Houses but returned by the president for reconsideration of Rajya Sabha does
   not lapse.
5. Some pending bills and all pending assurances that are to be examined by the Committee on Government Assurances do not lapse on the dissolution of the Lok Sabha.

When Does a Bill Lapse in State Legislative Assembly?

The legislative council, being a permanent house, is not subject to dissolution. Only the legislative assembly is subject to dissolution.  The position with respect to lapsing of bills on the dissolution of the assembly is mentioned below:

Cases when a bill lapse:

1. A bill originated in the Assembly but pending in the Assembly – lapses.
2. A bill originated and passed by the Council but pending in Assembly – lapses.
3. A bill originated and passed by the Assembly but pending in the Council – lapses.

Cases when a bill does not lapse:

1. A bill pending in the Council but not passed by the Assembly does not lapse.
2.  A bill passed by one or both Houses but pending assent of the Governor does not lapse.
3. A bill passed by one or both Houses but returned by the president for reconsideration of the Council does not lapse.

Points to note

• Adjournment (of a sitting) does not affect the bills or any other business pending before the House and the same can be resumed when the House meets again.
• Prorogation (of a session) does not affect the bills or any other business pending before the House. However, all pending notices (other than those for introducing bills) lapse on prorogation and fresh notices have to be given for the next session.
• When Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions
  and so on pending before it or its committees lapse.
• A bill becomes an act only after passing through various legislative stages.
• 68 bills lapsed at end of the 15th Lok Sabha. Examples include – (1) The Constitution (108th Amendment) Bill to reserve 50 per cent of seats in Parliament and the legislatures for women. (2) The Constitution (110th Amendment) Bill for reserving half the seats in panchayats for women. (3) The Constitution (112th Amendment) Bill reserving one-third of elected seats in municipalities for women.

Adjournment, Prorogation, and Dissolution: Know the Difference

We often see the terms Adjournment, Prorogation, and Dissolution in news. How are these terms different?

In this post, let us learn the differences between certain terms related to the sessions of Parliament.

The terms we deal here include – summoning, adjournment, adjournment sine die, prorogation and dissolution.

A Session of Indian Parliament

A session of the Indian Parliament is the time period during which a House meets almost every day continuously to transact business.

There are usually three sessions in a year. They are the Budget Session (February to May); the Monsoon Session (July to September); and the Winter Session (November to December).

A session contains many meetings. Each meeting has two sittings – morning sitting from 11 am to 1 pm and post-lunch sitting from 2 pm to 6 pm.

A sitting of Parliament can be terminated by adjournment, adjournment sine die, prorogation or dissolution.

Technically, a session of the Indian Parliament is the period between the first sitting of a House and its prorogation or dissolution.

The period between the prorogation of a House and its reassembly in a new session is called ‘recess’.

Summoning

Summoning is the process of calling all members of the Parliament to meet. It is the duty of Indian President to summon each House of the Parliament from time to time.

The maximum gap between two sessions of Parliament cannot be more than six months. In other words, the Parliament should meet at least twice a year.

Adjournment

An adjournment suspends the work in a sitting for a specified time, which may be hours, days or weeks. In this case, the time of reassembly is specified.

An adjournment only terminates a sitting and not a session of the House.The power of adjournment lies with the presiding officer of the House.

Adjournment Sine Die

Adjournment sine die means terminating a sitting of Parliament for an indefinite period. In other words, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die.The power of adjournment sine die lies with the presiding officer of the House.

Note: The presiding officer of a House can call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die.

Prorogation

Prorogation means the termination of a session of the House by an order made by the President under article 85(2)(a) of the Constitution. Prorogation terminates both the sitting and session of the House.

Usually, within a few days after the House is adjourned sine die by the presiding officer, the President issues a notification for the prorogation of the session. However, the President can also prorogue the House while in session.

Note: All pending notices (other than those for introducing bills) lapse on prorogation and fresh notices have to be given for the next session.

Dissolution

A dissolution ends the very life of the existing House, and a new House is constituted after general elections are held.

Rajya Sabha, being a permanent House, is not subject to dissolution. Only the Lok Sabha is subject to dissolution.

The dissolution of the Lok Sabha may take place in either of two ways:

1. Automatic dissolution: On the expiry of its tenure –  five years or the terms as extended
   during a national emergency.
2. Order of President: If President is authorized by CoM, he can dissolve Lok Sabha, even before the end of the term. He may also dissolve Lok Sabha if CoM loses confidence and no party is able to form the government. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable.

Note: When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions and so on pending before it or its committees lapse.

Summary

• Adjournment – terminates a sitting.
• Prorogation – terminates a session.
• Dissolution – terminates the life of a House.

Legislature

 A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.

Palace of Westminster, where the Parliament of the United Kingdom meets, in February 2007

Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved.

The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly elected, although indirect election and appointment by the executive are also used, particularly for bicameral legislatures featuring an upper chamber.