Class : 07

Wednesday, April 12, 2023

Schedules of Indian Constitution:

• The constitution makers originally included 8 schedules in Indian Constitution.
• They carry additional information related to the provisions in the main body of the constitution.
• These schedules serves two objectives.
a. To reduce the bulk of main body of the constitution,
b. To provide flexibility to Parliament as some of the provisions can be amended by parliament
with simple majority.
Various types of majorities (More than 50%).
1. Simple Majority. The majority of members present and voting is simple majority.
• Also known as functional or working majority.
• It is required for a number of purposes, including
a. To pass Ordinary bills.
b. Declaring financial emergency
c. Passing non confidence and confidence motion.
d. Election of speaker and Deputy Speaker.
• For example, in the Lok Sabha, out of the total strength of 545, suppose 45 were absent and 100
abstained from voting. This means, only 400 members were present and voting. In this case, the
simple majority needed is 201 (50% + 1).
2. Effective Majority. It refers to Majority of then members of the house.
• To obtain then membership we need to subtract vacancies from total membership of the house.
• It is required for :
a. Removal of speaker and deputy speaker of Lok Sabha.
b. Removal of vice president.
c. Removal of deputy chairman of Rajya Sabha.
• For example, in the Lok Sabha, out of the total strength of 545, suppose 5 are vacant seats. This
means, the effective strength of the House is (545 – 5) = 540. In this case, the effective majority is
270.
• NOTE: Vacancies arise due to 3 reasons – Death, Disqualification, Resignation. Some sources
mention Absenteeism as a vacancy but that is incorrect.
3. Absolute majority. It refers to majority of total membership of house.
• In the normal business of Parliament or state Legislature, it is not used.
• It is required after general election, for the formation of government at the Centre and states.
• In case of Lok Sabha,
Absolute Majority = Total membership of the house+1 = 273
• In the case of Rajya Sabha,
Absolute Majority = Total membership of the house+1 = 123
4. In other words for Lok Sabha as the total membership of Lok Sabha is 545, an absolute majority in Lok
Sabha means – 50% of 545 plus 1, i.e. 273.
5. Special majority. It requires majority of total membership of House and majority of not less than 2/3
members present and voting.
• Apart from Constitutional amendments. It is utilized for following :
a. Removal of judges of Supreme Court and high court.
b. Removal of Comptroller and Auditor General of India (CAG) or the Chief Election Commissioner
(CEC).
c. Approval of national emergency.
d. Resolution by the state Legislature for abolition and creation of legislative council in the state.
e. Passing a constitutional amendment bill which does not affect federalism.

Procedure for amendment of constitution.

• Amendment to constitution can be initiated by introduction of Constitutional amendment bill in either
house of Parliament.
• Such a bill must be approved by special majority in each of the houses.
• It must be presented to The Hon. President for his approval, who shall give his approval and
thereafter, the constitution can stand amendment according to provisions of bill.