Answer By law4u team
A special majority is a voting requirement used in various legislative and constitutional processes in India, differing from a simple majority. Here’s a detailed overview of the special majority process:
Definition of Special Majority
A special majority refers to a higher threshold of votes required for certain important decisions, such as constitutional amendments, passing specific types of legislation, or resolving significant issues. It typically involves more than just a simple majority of those present and voting.
Types of Special Majorities
- Absolute Majority: This requires more than half of the total membership of the house (i.e., more than half of all the members, including those not present). For example, in a Lok Sabha with 545 members, an absolute majority would require at least 273 votes.
- Effective Majority: This requires more than half of the members present and voting in the house. For example, if 400 members are present and voting, an effective majority would require at least 201 votes.
- Special Majority as Defined in the Constitution: Some provisions in the Indian Constitution specifically require a special majority, such as amendments under Article 368, which may involve different criteria depending on the type of amendment (e.g., a majority of the total membership or a majority of those present and voting).
Process for Achieving Special Majority
- Proposal Presentation: A proposal requiring a special majority is presented in the house (either Lok Sabha or Rajya Sabha) for discussion.
- Debate and Discussion: Members debate the proposal, allowing for discussions, amendments, and clarifications. This process is critical to ensure all viewpoints are considered.
- Voting Procedure: After discussions, a vote is conducted. Depending on the nature of the proposal, members will cast their votes either through voice voting, division (where votes are counted), or electronic voting.
- Counting Votes: The votes are counted, and if the number of votes meets the criteria for the special majority, the proposal is deemed passed. If not, it is rejected.
Examples of Special Majority Applications
- Constitutional Amendments: Amendments to the Indian Constitution require a special majority in Parliament, depending on the nature of the amendment. Some amendments need to be passed by a simple majority of the total membership, while others require a majority of the states as well.
- Impeachment of the President: The impeachment process for the President of India also requires a special majority in both houses of Parliament.
Summary
The special majority process is crucial for significant legislative actions and constitutional amendments in India, ensuring that such decisions reflect a broader consensus rather than just a simple majority. It involves specific voting requirements that vary depending on the nature of the proposal.
