Special majority in Indian Parliament
Q. Which of the following is/are true?
1) Directive Principles of State Policy need special majority and consent of states for amendment.
2) Union list in the 7th schedule can be amended with special majority and without the consent of states.- Published on 23 Feb 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Neither 1 nor 2
Special Majority of Parliament -
1. Special Majority means a majority (more than 50 per cent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting.
2. ‘Total membership’ means total number of members comprising the House irrespective of fact whether there are vacancies or absentees.
3. Strictly speaking, the special majority is required only for voting at the third reading stage of the bill but by way of abundant caution the requirement for special majority has been provided for in the rules of the Houses in respect of all the effective stages of the bill.
4. The provisions which can be amended by this way includes -
(i) Fundamental Rights;
(ii) Directive Principles of State Policy; and
(iii) All other provisions which are not covered by the first and third categories.
Special Majority of Parliament and Consent of States -
1. Provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority.
2. If one or some or all the remaining states take no action on the bill,it does not matter;
3. The moment half of the states give their consent; the formality is completed.
4. There is no time limit prescribed within which the states should give their consent to the bill.
5. The following provisions can be amended in this way -
(i) Election of the President and its manner.
(ii) Extent of the executive power of the Union and the states.
(iii) Supreme Court and high courts.
(iv) Distribution of legislative powers between the Union and the states.
(v) Any of the lists in the Seventh Schedule.
(vi) Representation of states in Parliament.
(vii) Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
