Types of Majority in Indian constitution

2
TYPES OF MAJORITY There are Four type of majorities mentioned in Constitution of India. 1. Simple/Functional Majority- more than 50% of members present and voting. Usage- 1. Confidence Motion No Confidence motion vote of thanks to the President of India Censure motion Adjournment motion etc. 2. For Ordinary Money and Finance bills 3. Election of Speaker, Dy. Speaker of Lok Sabha and Dy. chairman of RS. 4. Approval of continuance of finance emergency and president's rule(Article 365) 5. Disapproval of continuance of National emergency 6. Ratification of the constitution amendment bills by state legislature 2. Absolute Majority- More than 50% of total strength of the House. Absolute majority of Lok Sabha = 50% of total member i.e. 545 = 273 or more. Rajya Sabha = 50% of 245 = 123 or more. 3. Effective majority - More than 50% of Effective Strength. What is Effective strength? effective strength = (Total strength of the house - vacancies) Here vacancies means seat vacated only by death, resignation or disqualify. Usage- Only in two cases 1. Removal of Vice-President of India. 2. Removal of speaker/Dy. speaker of Lok Sabha, Dy. chairman of Rajya Sabha.

description

There are four types of majority in Indian constituion. All these four types of majority and there uses are given in this notes.

Transcript of Types of Majority in Indian constitution

Page 1: Types of Majority in Indian constitution

TYPES OF MAJORITY There are Four type of majorities mentioned in Constitution of India.

1. Simple/Functional Majority- more than 50% of members present and voting. Usage-

1.

Confidence Motion

No Confidence motion

vote of thanks to the President of India

Censure motion

Adjournment motion etc.

2. For Ordinary Money and Finance bills

3. Election of Speaker, Dy. Speaker of Lok Sabha and Dy. chairman of RS.

4. Approval of continuance of finance emergency and president's rule(Article 365)

5. Disapproval of continuance of National emergency

6. Ratification of the constitution amendment bills by state legislature

2. Absolute Majority-

More than 50% of total strength of the House.

Absolute majority of Lok Sabha = 50% of total member i.e. 545 = 273 or more.

Rajya Sabha = 50% of 245 = 123 or more.

3. Effective majority -

More than 50% of Effective Strength.

What is Effective strength?

effective strength = (Total strength of the house - vacancies)

Here vacancies means seat vacated only by death, resignation or disqualify.

Usage-

Only in two cases

1. Removal of Vice-President of India.

2. Removal of speaker/Dy. speaker of Lok Sabha, Dy. chairman of Rajya Sabha.

Page 2: Types of Majority in Indian constitution

4. Special Majority -

There is 3 type of special majority

4.1 Special Majority of first Kind

Majority of not less than 2/3 of the member present and voting.

Usage-

1. Under Article 249

2. Under Article 312

4.2 Special Majority of second Kind

Two conditions to fulfill -

1. Not less than 2/3 of members present and voting

2. By a majority of the total strength(TS) of the house (i.e. 50% of TS)

Usage-

1. Constitution amendment bills

2. Removal of judges of SC & HC, CAG of India, Chief Election Officer

3. Continuance of National Emergency.

4. Under Article 169 i.e Abolition or creation of Legislative Councils in States.

4.3 Special Majority of third Kind

Majority not less than 2/3 of total strength of the house.

Usage-

1. Impeachment of the President of India Under Article 61.