Consider the following statements: 1. In order to form a new state in the Indian Union, the Parliament can amend the provisions of the Constitution with a Simple Majority. 2. To amend the provisions of Directive Principles of State Policy, the Parliament requires a Special Majority. 3. To amend Article 368 of the Constitution, the Parliament requires Special Majority along with the consent of half of the state legislatures. How many of the statements given above are correct?

Types of Majority

• Although the Constitution of India does not provide an explicit classification for the kinds of majorities needed for passing various kinds of bills, a careful interpretation of the Constitution provides four major types of majorities.
  • SIMPLE MAJORITY: more than 50% of members present and voting.
  • ABSOLUTE MAJORITY: more than 50% of total strength of house.
  • SPECIAL MAJORITY: generally 2/3rd of total strength or 2/3rd of present and voting.
  • EFFECTIVE MAJORITY: 50% of strength. strength is calculated by subtracting vacant seats from total strength.

Types of Majority in Parliament-

• The Constitution of India can be amended either by
  • Simple Majority,
  • Special Majority or
  • Special Majority of Parliament + Consent of States

Simple Majority

• A majority of the members (more than 50%) of the House present and voting
• Const. Provisions – Amended by Simple Majority
  • New States – Formation/ admission/ establishment, alteration of areas, boundaries or names of existing States, Union territories
  • Citizenship – Acquisition and termination
  • Parliament – Quorum, Rules of procedure, Parliamentary Privileges/ Committees, Use of English language
  • State Legislative Councils – Abolition/ creation
  • Bills – Ordinary/Financial
  • Salaries and Allowances – President, Governors, Speakers, Judges, MPs etc.
  • SC – Conferment of more jurisdiction, Number of puisne judges
  • Elections – Parliament & state legislatures, Delimitation of constituencies
  • Schedule – 5th (scheduled areas and STs) and 6th (tribal areas)

Special Majority

• Majority of the total membership (irrespective of vacancies/absentees) of each House and a majority of 2/3rd of the members of each House present and voting
• Const. Provisions – Amended by Special Majority
  • Fundamental Rights
  • Directive Principles of State Policy
  • All other provisions not covered under Simple Majority or under Special Majority + Consent of States
  • [For the removal of Vice President and the Speaker/Deputy Speaker of Lok Sabha, effective majority is required (more than 50% of the total strength minus vacancies)]

Special Majority + Consent of States

• Const. provisions related to the federal structure of the polity – amended by a special majority + the consent of 50% of the state legislatures by a simple majority
• Const. Provisions – Amended by Special Majority + Consent of States
  • President – election and its manner
  • Union and States – Distribution of legislative powers and Extent of the executive power
  • Supreme Court and High Courts
  • GST Council
  • All 3 lists in 7th Schedule
  • Parliament – Representation of states, Power to amend the Constitution and its procedure (Article 368 itself)