There are four kinds of
special majorities, all of which include distinct provisions.
Type 1—a special majority
(under Article 249) is required to do anything.
Type 2: The required
special majority is specified in Article 368.
Type 3—Special Majority as
provided for in Article 368 Plus a simple majority of the 50% state
ratification.
Type 4 – Special Majority
(Special Majority under A61)
Special
Majority as Per Article 249
To reach a special
majority following article 249, it is necessary to have a majority of 2/3
members in attendance and voting. To illustrate, if only 150 members of the
Rajya Sabha are present and voting, then the additional special majority that
is needed according to article 249 is 101.
The application of special
majority as per article 249 occurs in the following scenarios:
To ensure that the
parliament is empowered to enact legislation in the state list, the Rajya Sabha
passed a resolution. Valid for up to one year from the original date of issue,
but maybe extended any number of times. The role of special majority specified
in Article 368
The special majority, as
outlined in Article 368, need a 2/3rd majority of the entire strength of the
house backed by over 50% of the members present and voting. In the vast
majority of constitutional amendment proposals, a supermajority is utilized.
Additionally, to approve a measure that changes the constitution in the Rajya
Sabha, it must get the support of at least 123 members, and this support must
be secured by 2/3rd of the members present and voting.
Cases where special
majority as per article 368 is used:
·
To enact a law that does not undermine
federalism, and do it without help from the government.
·
The removal of SC/HC judges
·
CEC/CAG is completely removed.
Approval of a national
emergency needs a two-thirds majority in both chambers as stated in Article
368.
The State Legislature
passed a resolution calling for the establishment or abolishment of the
Legislative Council (Article 169).
A special majority of
constitutional significance according to Article 368 in addition to state
ratification
When a constitutional
amendment bill attempts to alter the federal structure, a special majority is
needed. A two-thirds majority plus state ratification is required to establish
a special majority, and this majority must include a majority of two-thirds
plus a simple majority of state legislatures that represent at least 50 percent
of the state population. For instance, the law that established the National
Judicial Appointments Commission was an excellent example (NJAC). It required
the backing of at least 15 out of the 29 state legislatures.
If necessary, cases where a
special majority under Article 368, in addition to state ratification, is used
are utilized. Passing a constitutional amendment that is an important
federalism-related decision like that of the Supreme Court is difficult.
According to Article 61,
the Special Majority applies
· a
majority of two-thirds members of the entire strength of the house is required
to adopt a special majority. In Lok Sabha, a special majority is achieved
according to article 61 by garnering 364 votes. In Rajya Sabha, a special
majority is achieved according to article 61 by receiving 164 votes.
The cases when a special
majority of two-thirds under article 61 is employed: to impeach the President
of India.
- Nivethi Natarajan
