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
There is no explicit classification of majorities in the Indian Constitution. However, a careful reading of different articles in the 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.
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 the Center and States.
Also read: Parliamentary System
Effective Majority
The 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.
Also read: Parliament (Articles 79-88/122)
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 that does not affect federalism.
- Removal of judges of SC/HC.
- Removal of CEC/CAG.
- Approval of a national emergency requires a special majority as per Article 368 in both houses.
- Resolution by the state legislature for the creation/abolition of the 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 tries 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 that 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.
Also read: Parliament and State Legislatures: Structure and Functioning
Thanks for your preparation.
The Real Person!
The Real Person!
@Vijay – Happy that the notes helped.
Its better to read from this site, instead of taking long notes from Laxmikant
Why plus 1 is done?
Because if you divide by 2, it becomes equal. Hence adding +1 to make it as majority.
Eg. 200 means, 50% is 100 but 100 is not majority and its divided equally, hence add 1.
But for a special majority which requires 2/3 of the member’s vote, it is not required to add 1.
In one of your example above for special majority case, there are 150 members present and voting. 2/3 of 150 is 100 but you added 1 to make it 101 which I think is a mistake.
do speaker vote in this majorities..
If only 50% its equal i.e. 50% support and 50% oppose it.If it’s 50% +1 then one is superior and one is inferior.ok.thans.
Unless we add that +1 it will be a tie. To win the election we needs that plus one
neither itll be a tie and not majority dear
because mare than that is required.
for eg in case of simple majority, if 500 members of Lok Sabha are present and they wish to pass a resolution by a simple majority, then it is to be passed by more then 50% of the members present and voting i.e. more than 50% of 500 members = more than 250 = atleast 251 members need to support the resolution.
hope it helped
Because it is majority 🤦
100 =100
Majority ke liye +1 karenge
Csat lagta h weak h
Sir but in Indian polity by laxmikanth… Impeachment of president special majority required is majority of two-thirds of the total membership of the house means ….. Special majority + absolute majority….but you write majority of two -third members of the total strength of the house , means special majority + effective majority…..plz sir clerify this point…
in laxmikanth,he has given dat, majority required fr impeachment is only two thirds of the total membership…not special majority…and for the removal of speaker, the requirement is majority of the tot membership that is absolute majority..
Please read that paragraph again in M Laxmikanth book
You read it wrong
it is two-third majority of total ‘membership’ of of that house…and not the total ‘strength’ of that house…..here ‘total strength’ implies that- ‘present members and voting’…..which has been added by 44th amendment act….and impeachment process has already been there since commencement of constitution…..so we can infer that for impeachment of President 2/3rd majority of total membership is required.
i think there are many mistakes in lakshmikant. for instance on page no. 18.2 , removal of vice president is through absolute majority as per lakshmikant,but it is effective majority … thanks for clarifying this confusion 🙂
please mention other mistakes also…
The Real Person!
The Real Person!
@Navdeep: ‘Indian Polity’ by Laxmikanth is a great textbook. If removal of Vice Presient is mentioned in the textbook as through Absolute Majority, that should be a mistake. The removal is done as per Effective Majority.
Article 67(b) of Indian Constitution states that 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.
The word ‘then’ denotes effective majority.
you read it wrong here written is he can be removed by a resolution passed by a majority of the then members of rajya sabha
then membership here means effective majority
then membership = total membership-vacancies
the majority of total membership-vacancies is effective majority.
Great job
very informative…especially when the texts give wrong info
Really it is very useful . you have cleared all my doubts in a single page regarding the “type of majorities”. very much thanks to you. Keep it up.
Tq very useful
Sir,
I have current good current affairs, geography and more physics knowledge.so i believes that i clear ias exam with good guidance. So please …………..
This information is awesome…!!!
It’s clear my all doubts about majority…. Thank you sir and it’s team… Keep it up….!!!
thanx a lot dude!!!!
god bless u!!
Sir, in Indian Polity by M Laxmikanth it is written that speaker can be removed by absolute majority but here by effective majority.
Please clarify.
Thanks in advanced.
The Real Person!
The Real Person!
@Ashutosh – Article 94 (c): A member holding office as Speaker or Deputy Speaker of the House of the People 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:
“Then” indicates Effective Majority NOT Absolute Majority.
Hi ashutosh, Effective majority is used in removing all the presiding officers except vice president.
and yes this topic is at fault in laxmikant!
In lakshmikant speaker can be removed by effective majority….. page no. 22.8 in sixth revised edition..
please provide us various committes appointed for various programmes by government for last 2 years
Useful contents for acquisition of knowledge
Type 1 – Special Majority as Per Article 249.
this should also club Article 312 : creation of All-India Service (RS resolution)
Cleared my confusion on majority
Thanks
Thanks.
Resolution by the state legislature for the creation/abolition of Legislative Council (Article 169)
This is under simple majority. Art 169.
So what will happen in case of Simple Majority in Lok sabha when there are total members whose attendance is less than 50% lets say 270 are present and voting plus quota of 270/2+1 is fulfilled? resolution will be passed or not in such case?
can nominated member of parliament vote in constitutional amendment bill?
speaker is removed by absolute majority not effective majority.
There is a controversy in Guyana over the calculation of Absolute Majority. There is a total of 65 members in Parliament. Question is whether the Absolute Majority is 33 or 34?
Laxmikanth has all the authentic information. Don’t confuse others!
Sir, in laxmikanth, it’s written dat for removal of speaker of lol Sabha, absolute majority is required but in ur article it’s written as contrary as effective majority..can u claify
What is the difference between simple majority and absolute majority?
So in that case, if there are no vacancies in LS or RS, then effective majority becomes equal to the absolute majority!?
Sir
The total number of seats Rajya Sabha 250 ,but you are using 245.why?
On a particular day suppose 60 members were present in loksabha. A bill concerning change of state border is put for voting and received 31 votes in favor of the bill. Will the case possible in the definition of simple majority?
As per article 249 requires the support of not less than 2/3rdof the members present and voting
Very nicely explained in as easy and effective way..thank you
The Real Person!
The Real Person!
@Sapi – Thank you for the feedback. Great to know that the article helped.
Does Quoram Is Required For All Majorities
If in the Lok Sabha 400 members are present and 40 refuse to vote. Then there will be 360 members who will be voting. 2/3 of 360 is 240. So will the bill be passed or not?
Sir the things are little bit confusing according to the latest political method so I think that you must need to update that all and sir plz do use some easy words so that it’s better for us to realise. Tysm sir.😇🙏
links sent through mail are not working.
This is exactly what I needed. A concise list of the types and their nuanced differences. Perfect for revision! Thanks clearias
Meaning of all majorities are explained very well but there are some errors in their uses.
1 Removal of vice president in RS
requires Abs majority
2 Creation or abolition of legislative
council requires special majority
3 Removal of speaker & dy speaker of
LS requires Abs majority
This all information is as per Laxmikanth book, plz do check & if true, need to be rectify!
Hey,thanks team for ur wonderful efforts..ur articles are really very inclusive and holistic…I can understand the concepts very well..I’m sure free access to such articles helps many students.. Congratulations for the amazing work..keep it up!!
Simple majority is needed for creation or abolotion of legislative council.
Now I know why alot of toppers recommend this website! Immensely helpful and so much of conceptual clarity! Thankyou so much CLEAR IAS. Now I have no confusion left in these types of majorities, other websites gave conflicting information! Thankful.:)
Pardoning power is judicial power or executive power of the President?
What is the less number of members in simple majority