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DAILY
CLASS NOTES
INDIAN POLITY

Lecture – 07
Types of Majority, Preamble
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Types of Majority, Preamble

Types of Majority:
1. Simple Majority:
➢ A majority of more than 50% (half) of the members present and voting i.e., members who are present
and vote in the house, e.g., Total strength of Lok Sabha is 545 members, out of which 500 are present,
and out of that, 485 members opted for voting and 15 members abstained from voting.
▪ Then, a simple majority will be 50% of 485 members who are present and voting i.e., 243
members.
➢ Where is this majority needed?
▪ The passage of ordinary bills, money bills, and financial bills.
▪ The passage of a confidence motion, no-confidence motion, and vote of thanks to the Presidential
address.
▪ Election of Deputy Chairman of Rajya Sabha.
▪ Election of Chairman and Deputy Chairman of State Legislative Council.
▪ Election of Speaker and Deputy Speaker of Lok Sabha.
▪ The ratification of a constitutional amendment bill in the state legislatures.
▪ The resolution passed by Lok Sabha under Article 352 for the discontinuance of national emergency.
▪ The resolution was passed in the Parliament for approving the President’s rule and financial
emergency.
The simple majority is also known as the “functional majority”. If the government gets the simple
majority, then it is a functional majority.
▪ If the nature of the majority is not mentioned in the Constitution, then it is presumed to be a simple
majority.
▪ The Constitution says the Council of Ministers is responsible to the Lok Sabha but the Constitution
does not say the nature of the majority whether absolute or simple majority as the functional majority.
2. Absolute Majority:
➢ It means the majority of more than 50% of the total strength of the house. Example: Suppose an
election is conducted on 543 seats of Lok Sabha then the absolute majority will be 272 members. This
majority is of great political significance.
➢ Also known as ‘Magic Figure’
3. Effective Majority
➢ The total strength of the house excluding vacancies is called the effective strength of the house. The
Effective majority means more than 50% of the effective strength of the house or Simply, the majority
of all the members of the House.
➢ For example, the total Strength of the Rajya Sabha is 245, and vacancies were 5 members resigned and
2 members died and 1 member was disqualified i.e., not considered eligible to vote. So, here effective
strength will be 245 – 8 = 237 and the effective majority will be 119.
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➢ Where is this majority needed?


▪ Under Article 67 (b) the resolution seeking the removal of the Vice President be introduced in the
Rajya Sabha and that be passed by an effective majority of the house.
▪ The resolution seeking the removal of the Deputy Chairman of Rajya Sabha and the Chairman and
Deputy Chairman of the Legislative Council are removed by the effective majority.
▪ Removal of the Speaker and Deputy Speaker of Lok Sabha
▪ Removal of Speaker and Deputy Speaker of Legislative Assemblies.
Note: These are all elected through simple majority but removed through effective majority.
4. Special Majority
➢ The majority other than the simple, absolute, and effective is called a special majority.
➢ It is of three kinds:
1. Majority as under Article 249 i.e., the total strength of 245, 216 present and voting, so 144 or more
members out of 245 is needed. This majority is also needed under Article 312 i.e., not less than two-
thirds of members present and voting (2/3 X 216 = 144 (or) more.
2. Majority as under Article 312 Rajya Sabha resolution authorizing Parliament to one or more All
India Services.
3. Majority as under Article 368 i.e., an amendment to the Constitution.
➢ An amendment bill is passed in both Houses of Parliament sitting separately by a majority of not less
than 2/3rd of the members present and voting and by a majority of the total membership of each
house. Total strength is absolute majority along with 2/3rd majority. (Lok Sabha – 545 members, 450
members present and voting not less than 2/3rd of the members should support the passage of the bill i.e.,
300 or more).
➢ Majority of the total strength of the House is more than 50% (545X50/100=273). So, 300 is more than
273.
➢ So, 273 is the minimum support the bill must get.
➢ Where is this majority needed?
▪ The passage of the Constitutional Amendment Bill in Parliament.
▪ The resolution passed in the Parliament seeking the approval of a national emergency by the
President under Article 352.
▪ A resolution seeking the removal of a Judge of the Supreme Court or High Court by the Houses of
Parliament.
▪ A resolution seeking the removal of the Chief Election Commissioner and Comptroller and
Auditor General of India (CAG).
▪ Under Article 169, a resolution passed by the legislative assembly of the State recommending the
creation or abolition of the Upper House of State.
Majority as under Article 61, the resolution seeking the impeachment of the President of India shall be
passed by both Houses of the Parliament by the majority of the 2/3rd of the total strength of the house
i.e., 2/3 × 545 = 364 or more.
This is the highest majority that is needed for the impeachment of the President of India.
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Preamble to the Constitution


❖ It is customary that a Constitution should have a Preamble and not be compulsory.
❖ The Preamble is regarded as the introduction to the Constitution. It is called the summary of the whole
Constitution.
❖ The Preamble tells us about the purpose of the Constitution.
❖ The Preamble tells us about the nature of the Constitution, according to the Supreme Court, the Preamble is
the key to unravelling the minds of the framers of the Constitution.
❖ Preamble helps us to understand the intention behind the creation of the Constitution.
❖ It is said to have the theme or philosophy of the Constitution.
➢ According to D. D. Basu, the philosophy of the Constitution is equivalent to the coterminous principles
of the freedom struggle of India, i.e., the aim for which the freedom struggle was fought.
❖ The Preamble is said to be the reflection of the Constitution because it contains the ideals of the people of
India.
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