Introduction: Why “Majority” is Important This Winter Session
At the start of Parliament’s Winter Session, there are many different types of bills that will be debated, as well as constitutional amendments and other policy reform proposals. Some proposals require a simple majority for passage while some require specific types of legislative majorities.
As a result, understanding what kind of majority is needed for each type of proposal will help to give readers a sense of how much support there is for a given bill and how much scrutiny will be given to that bill compared to other bills that have received a significant amount of support.
Types of Majorities in Parliament of India
In India, Parliament has four major types of majorities that will be used to pass different types of legislation and constitutional amendments; these are: Simple Majority, Effective Majority, Special Majority, and the Highest Majority.
1. Simple Majority – Most Common Legislative Majority
A Simple Majority means that in any motion to be voted on, more Members of the House voted Yes than voted No, and these votes must have been cast by Members that were present at the time the vote was taken.
Key Rules
- Quorum Requirement– To have a meeting (must be 1/10 of the total Members in attendance).
- The bill or motion requires a vote of at least a simple majority of members present and voting once the quorum is met.
- The number of vacancies in the House is included when determining its overall strength to identify the number of votes necessary to pass each motion.
When is the Simple Majority Used?
A simple majority is a requirement for:
- Ordinary Bills.
- Moving and deciding No Confidence Motions.
- Removing the Vice President (Lok Sabha).
- Adoption of Most Procedural Motions.
Example – Voting on a motion when Only 50 Members are Present
If the House is comprised of 100 members but only 50 members are present for voting:
- 26 Members Vote in Favour
- 24 Members Vote Against
The motion has passed as the quorum meeting was based solely on those members who were present and voted.
2. Effective Majority
An effective majority is calculated by taking the total membership of the House (i.e., the total number of members that are eligible to participate in all House activities) and subtracting any empty seats (vacancies).
A measure that requires an effective majority must receive a minimum vote total greater than half of the effective strength that was calculated as described above, regardless of how many members are present during the actual vote.
The difference between an effective majority and a simple majority is that the effective majority does not consider vacancies to affect the number of votes that will be needed for a successful vote. Instead, an effective majority has a predetermined number of votes required to meet the effective strength, independent of how many members participate and/or submit votes. This makes it a higher threshold than a simple majority.
The effective majority is to be used when:
- Removal of the Speaker or Deputy Speaker of the Lok Sabha
- Removal of the Vice President in the Rajya Sabha
This is consistent with the intent of the Constitution that certain positions be protected from removal by smaller, potentially unrepresentative groups of members.
Example-
- Total membership of the House: 100
- Total number of vacancies: 10
- Effective strength of the House: 90
Total number of votes required for effective majority: 46, regardless of the number of members participating in the vote.
3. Special Majority – Constitutional and Federal Changes
Special majority does not have one uniform definition. Thus, different provisions in the Constitution for Special Majority have different numerical strength requirements/percentages.
However, the most common form requires
- Two-thirds of the members present and voting, and
- In some cases, also the majority of the total membership of the House.
Amendments to the Constitution under Article 368 require a special majority. The actual method depends on when the original Constitution was enacted.
- If the Amendment is passed by a two-thirds majority of those Members present voting, then it will be considered to have received a valid Special Majority under Article 368.
- In cases where an Amendment has been passed by only the majority of the total membership of the House, the Amendment will not be considered valid under the provisions of the Article.
- Thus, as a general rule, to be valid, all Amendments must receive a two-thirds vote of those Members actually voting and also receive a majority of the total membership in both Houses.
Purpose
- Amendments under Article 368, which does not include those that have to meet even higher Special Majority requirements
- Authority to legislate with respect to State List Issues (Article 249)
- And the Establishment of All-India Services (Article 312).
How the Majority Works
The severe requirement to achieve this majority applies to progressive amendments affecting:
- Fundamental Rights
- DPSPs (Directive Principles of State Policy)
- Core governance and institutional arrangements
- Elements of the federal government arrangement (besides the state’s ratification)
In essence, it would impose a great deal of difficulty obtaining appropriate and bipartisan support to modify or eliminate fundamental principles forming the Constitution.
Examples
According to Article 249, before the Parliament can make laws with respect to State Subjects, the Rajya Sabha must adopt a Resolution with a two-thirds vote of those actually voting. Furthermore, any amendment to transfer a Subject from the State List to the Concurrent List must receive a two-thirds vote from both Houses as a Special Majority.
4. Highest Majority – Impeachment of the President (Article 61)
The highest majority – impeachment of the President (Article 61) is often referred to as the “Mount Everest” of majorities due to the extreme voting requirement from the Constitution of India.
To impeach the President, the resolution must be passed by:
- A minimum of two-thirds of the total membership of each House of Parliament.
- This is substantially more difficult than a minimum of “two-thirds of members present and voting.” The number of votes to be met is limited only to the full and completed sanctioned membership of the two Houses.
Reasons This is the Highest Majority
When there are multiple vacancies and limitations on the number of members that can vote, the required total will not change.
- All vacant seats are treated as “negative” votes, and
- This assists to ensure that the individual serving as the President can only be removed from his/her position when there is significant and overwhelming support from the two Houses or both Houses.
5. State Ratification
State ratification is mandatory for constitutional amendments that impact the federal balance, such as:
- Union–State power distribution
- State boundaries
- Representation of states in Parliament
- Any change directly altering the federal structure
These amendments must be approved in addition to Parliament’s special majority.on:
How Many States Must Approve?
- States require a majority (i.e., more than fifty percent) of all States to be approved.
- All concerned State Legislatures must pass the required Resolution by a simple majority vote.
- As the total number of States increases or decreases, so does the amount necessary for State ratification.
Example – 101st Amendment to the Constitution (GST) – This Amendment required ratification by all States as it fundamentally changed the taxation power of States and the Centre, thus establishing a unified financial framework.
Note:To know how the Supreme Court evaluated the Tribunals Reforms Act, 2021 and why it raised constitutional concerns, read the full analysis here: https://infotrigg.com/tribunals-reforms-act-2021-supreme-court-judgment/
Comparison Table of All Majorities in Indian Parliament
| Type of Majority | What It Means | Votes Required | Where It Is Used | Example |
|---|---|---|---|---|
| Simple Majority | More members vote “Yes” than “No” among those present and voting | >50% of members present and voting | Ordinary Bills, No-Confidence Motion, Removal of Vice-President (Lok Sabha) | If 50 members are present → 26 votes pass the bill |
| Effective Majority | Majority of total membership minus vacancies | >50% of effective strength | Removal of Speaker/Deputy Speaker (Lok Sabha); Removal of Vice-President (Rajya Sabha) | Total 100 seats; 10 vacancies → Effective strength 90 → Needs 46 votes |
| Special Majority | Usually 2/3rd of members present and voting; sometimes combined with majority of total membership | Varies by Article | Article 249, Article 312, many constitutional amendments | Rajya Sabha approves legislation on State List subjects by 2/3rd present & voting |
| Dual Special Majority (Article 368) | “Double Lock”: Majority of total membership and 2/3rd of members present and voting | Highest bar for constitutional changes (except impeachment) | Amendments affecting FRs, DPSPs, Parliament structure, federal features (with state ratification) | Amendment altering federal structure needs both Houses + half the states |
| Highest Majority (Article 61) | 2/3rd of total membership of each House | Fixed number — vacancies don’t reduce threshold | Impeachment of the President | Even with vacant seats, same 2/3rd of full strength required |
| State Ratification | Approval by at least half of the state legislatures | Simple majority in each ratifying state | Amendments impacting federal structure | GST Amendment (101st) required approval of >50% states |
Importance of understanding Majorities for All of Us?
- For citizens, understanding Parliamentary Majorities will allow them to appreciate how important and impactful and sensitive a decision of Parliament could be.
- The simple majority will help determine the classification of the Bills because if passed by a simple majority, it signifies the Bill’s classification as routine.
- If passed by a special or dual special majority, it signifies the Bill’s classification as major constitutional amendments.
- Furthermore, it will highlight how the constitution of India protects itself in that when there is a larger Majority pass, it will provide stronger controls/partisan checks on such Major Constitutional Amendments, thus preventing sudden changes to or changes with Annual Expenditure to change the principles contained within the Constitution.
- This will also assist those studying for UPSC, Judicial Services, Law Entrance Exams or those conducting thorough current affairs analysis.
- Thus it will encourage citizens to better understand the process of Parliament and evaluate the meaning of Government’s Notices of Decision along with their related questions in a greater context.
Frequently Asked Questions (Most Searched Online)
- What types of bills require a special majority?
The types of bills that require special majorities are constitutional amendments, an Article 249 Resolution (on the subjects in the State List), and an Article 312 Resolution (to create All-India Services).
- Does attendance at a meeting affect a special majority?
Yes. The most common type of special majority is the two-thirds of members present and voting at the time of the vote.
An exception to this rule is when voting on amendments to the Constitution (under Article 368). These votes require a two-thirds majority of the total number of members of both Houses. Attendance does not affect the number of votes that are required.
- Why is it that the impeachment of the President requires the highest majority?
Since the President is the head of the State and acts as the constitutional guardian of the Constitution, the process of removing the President requires the highest level of bipartisan support. Voting to remove the President from office requires a two-thirds majority of the total number of members of both Houses.
- Does Rajya Sabha have to give majority approval for Money Bills?
No. Money Bills only require the Simple Majority of the Lok Sabha.
The Rajya Sabha can offer recommendations on Money Bills but the Lok Sabha has the right to either accept or reject them.
- How is the calculation of effective majority affected by vacancies?
Vacancies are subtracted from the total membership of a House when calculating an effective majority.
This is important because it makes sure that even if there are a number of vacancies in the House, Members who are able to function as Officers (such as The Speaker or Deputy Speaker) will not be removed by a very few Members.
Conclusion
Not all parliamentary decisions carry the same constitutional weight. Some require only a basic agreement, while others demand near-national consensus.
As the Winter Session progresses, tracking the type of majority required for each bill helps you understand how sensitive, powerful, or far-reaching a proposal really is.
A well-informed reader can see beyond headlines — and recognise the constitutional safeguards at work.
