MAJORITIES

1. ABSOLUTE MAJORITY

2. EFFECTIVE MAJORITY

3. SIMPLE MAJORITY

4. SPECIAL MAJORITY

LOK SABHA RAJYA SABHA

Maximum Seats 550* 250
Present Seats 543* 245
Maximum Allocation of Seats 530+201 238+122
Present Allocation of Seats 530+133 229+4+124

*2 seats of Anglo-Indians have been removed by the 104th Amendment Act, 2019
1
Representatives of State + Rep. of UTs
2
Representatives of States & UTs + Nominated Members
3
Members from State + Members from UTs
4
Members from State + Members from UTs + Nominated Members

Absolute Majority
It refers to a majority of more than 50% of the total membership (Present Seats) of the house.

LS: 543, Abs Maj.- 272

RS: 245, Abs Maj.-123

USE: This majority is used during the general elections, 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.
When the Indian Constitution mentions “then membership of house”, that refers to the
effective majority.

Effective Strength= Total Strength-Vacant seats (death, resignation, removal)

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 + 1, i.e
101.

USE:

1. Removal of Vice Prez in RS. Art. 67(b)

2. Removal of Deputy Chairman of RS. Art 90(c)
3. Removal of Speaker & Deputy Speaker. Art. 94(c) or of Speakers of State Legislative
Assemblies.

Simple Majority (Present & Voting or Abstenance)

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,

Total membership- 543

Vacant-30
Absent MPs on that day-20
Abstention from voting-100

So, effective membership= 543-30=513

Then we will subtract absentees and Abstentions from effective membership= 513-20-100=393
So Present & Voting=393
Simple Majority= 50% of 393 (present & voting) +1= 196.5=197.

So, here the Simple Majority is 197.

USE:

1. Ordinary/Money/ Financial Bills

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

Motion.

3. For the removal of Vice President majority required in Lok Sabha is the simple majority. Art.
67(b)

4. To declare a financial emergency.

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

6. Election of Speaker/Deputy Speaker of Lok Sabha and State legislatures. Art. 93

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

Special Majority
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
(only in RS). For example, if out of the 245 members in Rajya Sabha, if only 150 are present and
voting, then the special majority would be 101.

Use: To pass the Rajya Sabha resolution (so only majority req in RS to pass this) 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:

1. 50 % of total membership of the house

2. not less than 2/3rd majority of members present & voting

(IN Both the Houses)

Eg.

Case 1 Case 2
LS- 450 members are present and voting, LS- 300 members present & voting,
1. 50%=272(fixed) 1. 50%=272(fixed
2. 2/3rd this day=300, 300>272 2. 2/3rd this day=200, 272>200

So, 272 (minimum) to 362 (maximum) is req in the LS to pass a amendment bill in LS.

Similarly 123 (minimum) to 162.2 (maximum) is req in RS to pass an amendement bill in RS.
Nb. BOTH houses need to pass this bill.

USE:

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

2. Removal of judges of SC/HC. Art. 124(4)

3. Removal of CEC/CAG.

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

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

Special Majority as Per Article 368 + State ratification

This type of special majority is required when a constitutional amendment bill try to change
the federal structure.

Special Majority as per Art. 368 + State Ratification (50% of state legislatures by 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.

Special Majority as per Article 361 (Impeachment of President)

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 362 while in Rajya Sabha, the
special majority as per article 61 is 164.