Scribd
Upload
356 views2 pages

Special Majority As Per Article 249

This document outlines 4 types of special majorities required under the Indian Constitution: 1) Type 1 as per Article 249 requires a majority of 2/3rds of members present and voting in Rajya Sabha to empower Parliament to make laws on topics in the State List. 2) Type 2 as per Article 368 requires a majority of 2/3rds of members present and voting plus more than 50% of total membership to pass most constitutional amendment bills. 3) Type 3 as per Article 368 plus 50% state ratification requires the same as Type 2 plus approval by more than half of state legislatures to amend provisions affecting federalism. 4) Type 4 as per Article 61 requires a 2/

Uploaded by

ArpitYadav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
356 views2 pages

Special Majority As Per Article 249

This document outlines 4 types of special majorities required under the Indian Constitution: 1) Type 1 as per Article 249 requires a majority of 2/3rds of members present and voting in Rajya Sabha to empower Parliament to make laws on topics in the State List. 2) Type 2 as per Article 368 requires a majority of 2/3rds of members present and voting plus more than 50% of total membership to pass most constitutional amendment bills. 3) Type 3 as per Article 368 plus 50% state ratification requires the same as Type 2 plus approval by more than half of state legislatures to amend provisions affecting federalism. 4) Type 4 as per Article 61 requires a 2/

Uploaded by

ArpitYadav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

Special Majority-

Type 1 Special Majority as Per Article 249.


Type 2 Special Majority as per Article 368.
Type 3 Special Majority as per Article 368 + 50%State Ratication by simple ma-
jority.
Type 4 Special Majority as per Article 61.

Special Majority as Per Article 249-

Majority of 2/3rd members present and voting.


E.g.- If out of the 245 members in Rajya Sabha, if only 150 are present and voting, then the
special majority required as per article 249 would be 101.
Used-
To pass the Rajya Sabha resolution to empower the parliament to make laws in state list.
(valid upto1 year, but can be extended any number of times).

Special Majority as Per Article 368-

Majority of 2/3rd members present and voting supported by more than 50% of the total
strength of the house.
This type of majority is used for most of the Constitution amendment bills.
To pass a constitution amendment bill in Rajya Sabha, in addition to getting the support
of 245/2=123 members, the bill should be favored by more than 2/3rd of the members
present and voting.
Used-
To pass a constitutional amendment bill which does not aect federalism.
Removal of judges of SC/HC and CEC/CAG.
Approval of national emergency requires special majority as per Article 368 in both houses.
Resolution by the state legislature for the creation/abolition of Legislative Council (Article
169)

Special Majority as Per Article 368 plus State ratication-

Majority of 2/3rd members present and voting supported by more than 50% of the state
legislatures by a simple majority.
It is required when a constitutional amendment bill try to change the federal structure. A
good example would be the bill which introduced the National Judical Appointments Com-
mission (NJAC). It required the support of at-least 15 state legislatures out of the 29 states.
Used-To pass a constitutional amendment bill which aect federalism like position of High
Court Judges.

Special Majority as Per Article 61-

Majority of 2/3rd members of the total strength of the house.


In Lok Sabha the special majority as per article 61 is 364 while in Rajya Sabha, the special
majority as per article 61 is 164.
Used-For the impeachment of the Indian President.

You might also like