Question

In the parlance of parliament and state legislatures, what is a special majority?
(A) Two-thirds of present and voting members must vote yes, and this number must also constitute the majority of the total capacity of the membership of that house
(B) Two-thirds of present and voting members must vote yes
(C) Two-thirds of present and voting members must vote yes, and there should also be a two-thirds majority of the total capacity of the membership of that house
(D) None of the above

Answer 1

Hint: The constitution of India gives the provision of having a special majority in certain situations. The provision of a special majority in the parliament has been backed by the constitution under Article 368 which states the requirements for the same.

Complete answer: There are various types of majority required by the Lok Sabha and the Rajya Sabha on certain matters. These are the special majority, a simple majority, an absolute majority, and an effective majority. The provision of a special majority has been provided in the constitution under Article 368. Special majority as per Article 368 states that majority of at least two-thirds of present members and more than fifty percent of the total strength of the house. It is mostly used for the amendment of constitutional bills, especially in Rajya Sabha. Other situations where the special majority is used in the parliament are resolution by the state legislature for creation or abolition of the legislative council as per Article 169, removal of CAG/CEC or removal of the judges of high court/supreme court, in case of national emergency. The special majority can also be considered as per Article 249 of the constitution which states that two-thirds of the majority of the present as well as voting members is required. It is usually used to make new laws on the state list.

So the correct option is (A) Two-thirds of present and voting members must vote yes, and this number must also constitute the majority of the total capacity of the membership of that house.

Note: For the impeachment of the present the special majority as per Article 61 is used. The special majority as per Article 61 of the constitution requires two-thirds of the majority of the total members of the house.