Types of Majority in Indian constitution
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Transcript of Types of Majority in Indian constitution
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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.
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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.