Simone Lawson
The concept of a simple majority is frequently mentioned in the constitutions of various countries. In India, the simple majority is the most commonly used form of majority in parliamentary business. It refers to a majority of more than 50% of the members present and voting in the Parliament House. The Indian Constitution does not explicitly categorize the types of majorities required for passing different bills, but it does mention simple majority in the context of amending the federal structure of the polity, which requires a simple majority of half of the state legislatures in addition to a special majority of the Parliament. The Constitution of Denmark also mentions simple majority in Article 11, stating that if the government or parliament wants to cede parts of national sovereignty, a simple majority triggers the need for a referendum. In the United States, a simple majority of all the MPs present and voting is required for ordinary bills to be approved.
| Characteristics | Values |
|---|---|
| Number of types of majorities in the Indian Constitution | 4 |
| Types of majorities | Absolute, Effective, Simple, and Special |
| Simple Majority definition | Majority of more than 50% of members present and voting in the Parliament House |
| Simple Majority application | Simple Majority is the most frequently used form of majority in Parliamentary business. When the constitution or the laws do not specify the type of majority needed, the simple majority is considered for voting. |
| Simple Majority examples | Amendments to the Constitution, Election of Speaker/Deputy Speaker of Lok Sabha and State Legislatures, Constitution Amendment Bill under Article 368 |
| Special Majority definition | Majority (more than 50%) of the total membership of the House and a majority of two-thirds of the members of the House present and voting |
| Special Majority application | Amendments to the Constitution, Fundamental Rights and Directive Principles of State Policy (DSPS) |
| Absolute Majority example | Removal of Vice President in Lok Sabha |
| Effective Majority example | Removal of Vice President in Rajya Sabha |
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What You'll Learn
Simple majority in the Indian Constitution
The Indian Constitution does not explicitly classify the types of majorities required for passing different bills. However, a careful interpretation of the Constitution identifies four types of majorities: simple, absolute, effective, and special. These majorities are used to pass bills or resolutions in Parliament.
A simple majority, also known as a functional or working majority, is the most frequently used form of majority in parliamentary business. It refers to a majority of more than 50% of the members present and voting in the House. When the constitution or laws do not specify the type of majority needed, a simple majority is used for voting. For example, if 324 members are present and voting in the Lok Sabha, the simple majority would be 163.
A simple majority is required for the following:
- Passing ordinary bills, money bills, and financial bills
- Passing the adjournment motion, no-confidence motion, confidence motion, censure motion, and motion of thanks
- Removal of the Vice-President in the Lok Sabha (Article 67)
- Approval of the imposition of the President's Rule (Article 356)
- Passing a Constitution Amendment Bill under Article 368, which also needs to be ratified by the states
The other types of majorities are also used in specific scenarios. An absolute majority requires over half of the total strength of the House, which is more than 50% of the total membership. An effective majority, on the other hand, refers to more than 50% of the effective strength of the House, calculated by deducting vacant and absent seats from the total strength. Finally, a special majority involves two-thirds of the members present and voting, along with a majority of the total membership of the House. It is used for amending the Constitution under Article 368.
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Simple majority in the US Constitution
The US Constitution does not explicitly mention the term "simple majority". However, the concept of a simple majority is integral to the functioning of the US political system and is implicitly referenced in various aspects of governance.
In the US political system, a simple majority refers to more than 50% of the members present and voting. This is in contrast to a supermajority, which requires a greater level of support, such as two-thirds or three-fifths of the members.
The US Constitution operates within a federal representative democracy framework, where the adoption of laws requires the agreement of three actors: the House, the Senate, and the President. While the Constitution does not specify the type of majority needed in most cases, the simple majority is typically considered the default option.
For example, the impeachment process in the US Constitution demonstrates the role of a simple majority. Impeachment by the House, the first step in the removal process, only requires one-third of Representatives to sign a petition. However, removal from office necessitates a supermajority, with a two-thirds majority vote in the Senate.
Additionally, amendments to the Constitution can be made through a simple majority in each house, outside the scope of Article 368, which pertains to fundamental rights and directive principles. These amendments are not deemed as such under Article 368 and require ratification by half of the state legislatures through a simple majority.
In summary, while the US Constitution does not explicitly mention "simple majority," it is an important concept in the US political system, serving as the default voting mechanism and being applied in various legislative and governance contexts.
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Simple majority in the Danish Constitution
The Danish Constitution, also known as the Constitutional Act of the Kingdom of Denmark, is the most important piece of legislation in Denmark, with all other laws complying with it. The current constitution, established in 1953, defines Denmark as a constitutional monarchy with a parliamentary system. The Constitutional Act outlines the powers and duties of the Danish Parliament, the Folketing, which is responsible for enacting laws.
The Danish Parliament is a multi-party structure, with representatives from 15 parties. Since 1909, no single party has had enough representatives to rule independently, resulting in a coalition government. The Folketing must pass any new constitutional provisions, and if passed unamended, the bill is then submitted for approval or rejection by direct voting. If a simple majority of voters and at least 40% of the electorate approve the bill, and it receives Royal Assent, it becomes part of the Constitutional Act.
The Danish Constitution also establishes fundamental rights for all people in Denmark, including freedom of speech, religion, association, and assembly. It outlines the Danish justice system and the rights of those accused of crimes, such as the requirement for a constitutional hearing within 24 hours of arrest. The Constitution also defines the powers of the monarch, the King, who has limited political power and is dependent on ministers and parliament for legislation. The King may issue provisional laws in emergencies, provided they do not conflict with the Constitutional Act and are approved by the Folketing once it assembles.
The Danish Constitution is a fundamental framework for Danish democracy, outlining the rights and responsibilities of citizens, the monarchy, and the parliamentary system. With its adoption in 1849, Denmark transitioned from an absolute monarchy to a constitutional monarchy, celebrating this day annually as Constitution Day.
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Simple majority in the Nigerian Constitution
Nigeria has had many constitutions, with the current form enacted on 29 May 1999, establishing the Fourth Nigerian Republic. The constitution is the written supreme law of the Federal Republic of Nigeria and outlines the fundamental rights of individuals.
The 1999 Constitution mentions simple majority in the context of creating a new state. It states that a proposal for a new state must be approved by a referendum supported by at least two-thirds majority of the people in the area where the demand for the new state originates. The result of this referendum must then be approved by a simple majority of all the states in the Federation.
Simple majority is also mentioned in the 1999 Constitution in relation to boundary adjustments. It states that a proposal for boundary adjustment must be approved by a simple majority of members of the House of Assembly in respect of the area concerned.
Additionally, the 1999 Constitution mentions that, unless otherwise specified, the required majority for determining any question shall be a simple majority.
Furthermore, the 1999 Constitution outlines the process for passing an Act of the National Assembly, which can be done by a simple majority vote. This includes making provisions for the statutory allocation of public revenue to local government councils.
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Simple majority in the Ukrainian Constitution
Ukraine's current constitution, adopted in 1996, is the fundamental law of the country. The constitution was passed by the Verkhovna Rada, Ukraine's unicameral parliament, with 315 votes in favour out of 450 possible (requiring a minimum of 300 votes). The constitution outlines Ukraine's political system, including the roles of the legislative, executive, and judicial branches of government.
The Ukrainian Constitution establishes a semi-presidential system, with both a president and a prime minister. The president is directly elected by the people for a five-year term and can serve a maximum of two consecutive terms. The president has the power to appoint the Minister of Defence and Foreign Minister and can dissolve parliament. The prime minister, on the other hand, is appointed by parliament and leads the Cabinet of Ministers.
Amending the constitution is the exclusive right of the parliament, and any changes must be approved by the Constitutional Court of Ukraine to ensure they conform to the existing constitution. In some cases, amendments may also require approval through a national referendum. For example, in 2004, a law was passed reinstating the 2004 amendments to the constitution, which was approved by 386 deputies in parliament.
The Ukrainian Constitution also guarantees certain rights and freedoms for its citizens. It ensures ecological safety and the protection of the gene pool of the Ukrainian people. It recognises local self-government and guarantees the free development and use of languages, including Russian and other languages of national minorities. The constitution also establishes Ukraine as a republic, with sovereignty vested in the people, who can exercise power directly or through elected representatives.
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Frequently asked questions
A simple majority is when more than half of those present and voting agree.
A supermajority is when more than a simple majority agrees. This is usually required for important decisions, such as amending a constitution.
The Indian Constitution does not explicitly categorise the types of majorities required for different bills. However, a simple majority is the most frequently used form of majority in parliamentary business and is used when the constitution or laws do not specify another type of majority.
A supermajority, or special majority, is used for certain amendments to the Indian Constitution. This includes amendments to provisions related to the federal structure of the polity, which require the consent of half of the state legislatures by a simple majority.
In the US, a two-thirds supermajority of the Senate is required to ratify treaties and to remove an impeached official from office. In Turkey, a three-fifths supermajority is required to put forward constitutional amendments to a referendum, and a two-thirds supermajority is required to ratify them directly.
