How Parliament Enacts Laws and Various Types of Majorities
In the normal course of legislative proceedings, any motion, resolution, or bill in the legislature necessitates obtaining the support of a majority of members present and voting. The Lok Sabha has 543 seats, while the Rajya Sabha has 245 seats, and the majority is determined based on the distribution of seats in these houses.
Types of Majorities in the Indian Constitution:
1. Simple Majority:
Requires more than 50% support from members present on a specific day.
Example: With 400 members present in the Lok Sabha out of 543, a minimum of 201 votes [(50% of 400) + 1] is needed for bills such as a no-confidence motion, vote of thanks, ordinary bills, confidence motion, election of speaker, censure motion, and financial bills.
2. Absolute Majority:
Constitutes 50% + 1 of the total house strength.
Example: In the Lok Sabha with 543 seats, an absolute majority would be 273 or more.
Note: Typically used in conjunction with Special Majority for government stability.
3. Effective Majority:
Requires more than 50% of the effective strength (Total Strength - Vacancies).
Used in situations like the removal of the Vice President in the Rajya Sabha and resolutions for the removal of the speaker, deputy speaker, and Deputy Chairman of legislative bodies.
Difference between Absolute and Effective Majority:
Absolute majority considers the total strength, irrespective of vacancies.
Effective majority considers the total strength after deducting vacancies.
4. Special Majority:
Defined by various Articles in the Constitution.
Examples include 2/3rd of members present and voting (Article 249 and Article 312), and 2/3rd of members present and voting plus the majority of the total membership of the house (Article 368).
Used for significant matters like constitutional amendments, removal of judges, approval of National Emergency, and creating or abolishing Legislative Councils.
Significance of Special Majority under Article 368:
Ensures broad support for amending the Constitution, making the process more rigorous to protect its basic structure.
According to Article 61, special majority means 2/3rd of the total strength of the house (e.g., 362+1 in the Lok Sabha).
Toughest kind of majority, used for the impeachment of the president (Article 61) and Constitution Amendment Bills altering the federal structure.
Conclusion:
The various types of majorities in the Indian Constitution serve distinct purposes, ensuring a balance between routine legislative matters and critical decisions such as constitutional amendments, reflecting the need for broad support in key governance issues.