Types of majorities used in the Parliament

ABSOLUTE SIMPLE EFFECTIVE

Definition More than 50% of the More than 50% of the More than 50% of the house's
total membership of members present and voting effective strength, which
the house. (excluding all the absent and means the total membership
abstaining members + vacant minus any vacant seats (all
seats) the then members)

Application No legislative usage- Passing of Ordinary bills, Article 67(b) – Removal of

used only for Money Bills, Finance Bills in Vice-President in the Rajya
determining the both Houses of Parliament Sabha as its Chairman
majority party and the and the State Legislature.
PM during General Article 90- Removal of the
Elections Article 67(b) – Removal of Deputy Chairman of Rajya
Vice-President in the Lok Sabha
Sabha
Article 94(c) – Removal of
Article 89- Election of the the Speaker and Deputy
Deputy Chairman of the Rajya Speaker of Lok Sabha
Sabha
Article 179(c) – Removal of
Article 93- Election of the Speaker and Deputy
Speaker and Deputy Speaker Speaker of State Legislative
of the Lok Sabha Assembly.

Passing No-Confidence
Motion, Adjournment Motion,
Censure Motion, Confidence
Motion, etc.

Article 352- Disapproval for

the continuance of the national
emergency

Article 356- Approval of

imposition of the President’s
Rule.

Article 360- Approval of

proclamation of Financial
Emergency

Abolition or creation of the

State Legislative Council.

In one of the houses, there are 500 seats in total. But 50 of the seats are vacant. On a
particular voting day, there are 40 absentees as well.

Absolute Majority: Simple Majority: Effective Majority:

(500/2) +1 = 251 (500-50-40)/2 + 1 = 206 (500-50)/2 + 1 = 226
Numerical Example {More than 250} {More than 205} {More than 225}
 Types of special majorities
Special-I Special-II Special-III Special-IV
Definition More than 2/3rd of the total More than 2/3rd of the More than 2/3rd of the More than 2/3rd of the
strength of each house. members present and members present and members present and
voting (in the Rajya voting + more than voting + ratification
Sabha) 50% of the total from more than 50% of
strength of the house the total number of
states (through a simple
majority in their
respective state
legislatures)
Application Article 61-Impeachment of a) Article 249 - a) Article 124 - Any bill that seeks to
the President Parliamentary Removal of judges of bring changes to the
Legislation on matters in SC federal structure such
the state list as:
b) Article 148 -
b) Article 321 - Removal of CAG a) Election of the
Recommendation for the President and its
creation of new All India c) Article 217 - manner
Services Removal of judges of
HC b) Supreme Court and
high courts (but
d) Article 243K - jurisdiction of the SC
Removal of State can be expanded
Election Commissioner through a simple
majority)
e) Article 324-
Removal of Chief c) Power of the
Election Commissioner Parliament to amend
the constitution and its
f) Article 352- procedure
Proclamation of (Article 368)
National Emergency

g) Article 368-
Constitutional
Amendment

Procedure for the Amendment of the Constitution (excluding amendments made under
Article 2 and 3)
Constitutional Provisions Article 368, Part 20
Who can introduce it? Minister or a Private Member

Where can it be introduced? Lok Sabha or Rajya Sabha

President’s Recommendation Not required

Majority used for passing Special Majority types III and IV

Joint sitting of Parliament (in case of No provision given

disagreement)
 Presidential Assent Obligatory to give assent (under 24th CAA)- cannot withhold
assent nor return the bill for reconsideration

Articles 352 – 360, Part 18

National Emergency President’s Rule/ Financial Emergency
Constitutional
Emergency/ State
Emergency
Governing Article Article 352 Article 356 Article 360

Constitutionally known as Proclamation of Constitution does not use the

Emergency word ‘emergency’ for this
situation
Who declares it? President

When is it declared? Only after the President Based on Governor’s report or When the President is
receives a written the President acting satisfied that there is a
recommendation for it ‘otherwise’ threat to financial stability
from the Cabinet: OR or credit of India
a) In the event of When the state fails to comply
occurrence of any of the with Centre’s constitutional
grounds mentioned below directions (Article 365)
OR OR
b) When the President is Hung Assembly in the SLA
satisfied that there is an OR
imminent danger When the majority part in the
SLA declines to form a
ministry and the governor
cannot find a coalition
ministry
OR
When the state government is
deliberately acting against the
Constitution and the law
Grounds of Declaration War Failure of constitutional Threat to financial stability
External Aggression machinery in states or credit of India
Armed Rebellion

Where all can it be Whole of India or a part of Only a part of India Whole of India only
declared? it (42nd CAA)
Can a second Yes (38th CAA) Yes No
proclamation be declared
even while one is in
operation?
Subject to Judicial Yes Yes Yes
Review
Parliamentary Approval By a special majority in By a simple majority in both By a simple majority in
and Timeline both Lok Sabha and Rajya Lok Sabha and Rajya Sabha both Lok Sabha and Rajya
Sabha within 1 month within 2 months Sabha within 2 months
Duration Continues for six months Continues for six months if Continues indefinitely till
if approved approved revoked
 Extended indefinitely Extended for a maximum No maximum period
with parliamentary period of 3 years with prescribed for its operation
approval every six months parliamentary approval every
through special majority six months through simple Repeated parliamentary
in both houses majority in both houses approval is not required
for its continuation
Extension beyond 1 year only
if National Emergency exists
or Election Commission
certifies elections impossible
Revocation Who By the President:
a) Anytime without Only by the President on his/her own at any time through a
approval from Parliament subsequent proclamation- doesn’t require approval from
When OR parliament
b) When Lok Sabha passes
a resolution disapproving
continuation
Procedure for disapproval Required to be passed only N/A N/A
resolution for Emergency by the Lok Sabha through
a simple majority
Effects Legislative a) Parliament makes laws a) Parliament passes the state a) Centre acquires full
on Centre on State List Subjects legislative bills and the state control over the states in
- State b) Constitution becomes budget financial matters
Relations unitary- 7th Schedule b) Parliament can also delegate
division suspended the power to make laws for the b) Centre directs states on
c) President can issue state to the President or to any financial propriety canons
ordinances if Parliament is other authority specified by the
not in session President c) Reduction of
salaries/allowances of state
Executive a) Centre directs states on a) Executive powers are employees
any matter assumed by the Centre
b) Complete control over b) State administration- carried d) Reduction of High Court
state governments out by the Governor on behalf judges’ salaries
of the President with the help
of the chief secretary of the e) President may reduce
state Supreme Court judges’
salaries
Financial a) President modifies a) President can authorise
revenue distribution- can expenditure from the state f) States reserve money
reduce or cancel transfers consolidated fund when LS is bills for President’s
to states not in session consideration
b) Such a modification
continues until the end of
the financial year and not
till the end of the
emergency
State Legislature Can make laws but laws Either suspended or dissolved Can make laws but laws
made by the Parliament made by the Parliament
override them override them
State Executive Not dismissed Dismissed Not dismissed
Effect on Article 19 Automatic suspension of No effect on Fundamental No effect on Fundamental
FRs (Article 358) all 6 freedoms in case of Rights Rights
external emergency (war
 or external aggression)
Article 20 Enforceable and can never
Article 21 be suspended

Other FRs Only their enforcement

(Article 359) (right to move court for
remedy) can be suspended
by the President

Enforcement of all FRs is

not automatically
suspended- only the ones
mentioned in the
Presidential Order
Life of Lok Sabha + State Can be extended for one
Legislative Assembly year at a time (for any
number of times) through
a Parliament law

Such extension cannot

continue beyond 6 months
from the end of emergency

Dhar Commission JVP Committee Fazl Ali Commission

Year of establishment June 1948 December 1948 December 1953

Official Name Linguistic Provinces Linguistic Provinces States Reorganization

Commission Committee Commission
Members S.K. Dhar (chairman) Jawaharlal Nehru Fazl Ali (chairman)
Vallabhai Patel K.M. Panikkar
Pattabhi Sitaramayya H.N. Kunzru

(No chairman or convenor)

Recommendation Reorganisation on the Formally rejected Broadly accepted a
basis of administrative language as the basis for linguistic reorganisation
convenience; rejected reorganisation but rejected the theory of
linguistic factor ‘one language-one state’

Article 2 Article 3 Article 368

a) Admission of new states that a) Creation of new states or a) Ceding away a part of the
are already in existence into Union Territories by splitting territory of the Union of India
the Union of India or merging existing states/ UTs to a foreign power
within the Union of India
b) Establishment/creation of b) Exchange of territories with
new states and making them a b) Merging acquired territories a foreign power
part of the Union of India with existing states or Union
Territories of India c) Converting acquired foreign
c) Converting acquired territories into Union
fterritories into new states c) Conferring statehood on an Territories of India
existing Union Territory
IMPORTANT PARTS OF THE CONSTITUTION
Part Subject Matter
1 The Union and its Territory
2 Citizenship
3 Fundamental Rights
4 Directive Principles of State Policy (DPSPs)
4-A Fundamental Duties
5 Union Government
6 State Government
8 Union Territories
9 Panchayats
9-A Municipalities
9-B Cooperative Societies
10 Scheduled Areas and Tribes
11 Relations between Union and states
12 Right to Property
14 Elections
17 Official Language
18 Emergency Provision
20 Amendment to the Constitution

IMPORTANT CONSTITUTIONAL AMENDMENTS

Year Constitutional Important changes/amendments introduced
Amendment
1951 1st Added the Ninth Schedule to the Constitution
1960 9th Transfer of Berubari Union to Pakistan
1974 35th Conferred on Sikkim the status of an “associate state” and added
Article 2-A
1975 36th Made Sikkim a full-fledged state of India and added Article 371-F
to provide special provisions for the administration of Sikkim
1975 38th Declaration of a National Emergency immune from judicial review
President can issued multiple proclamations of emergency whether
or not there is a proclamation already issue by him and such
proclamation is in operation
1975 42nd Added Fundamental Duties + Part IV A
Added the words ‘socialist’, ‘secular’ and integrity to the Preamble
Enabled the President to limit the operation of a National
Emergency to a specified part of India

1989 61st Reduced voting age from 21 to 18 years

2015 100th Exchange of certain territories between Indian and
Bangladesh
 State election commissioner and chief election commissioner, cag, supreme court judges, hc judges,

LOCAL GOVERNEMNT (STATE LIST SUBJECT)

73rd Constitutional 74th Constitutional Amendment
Amendment Act (1992) Act (1992)
Articles 243 to 243-O 243-P to 243-ZG
Part IX IX-A
Schedule 11th 12th
Number of functional items 29 18

 Village panchayats:  Nagar Panchayat: a transitional

mandatorily constituted in area between rural and urban
Three-tier system every state localities

 Intermediate: not mandatory;  Municipal Council: a smaller

only for states with a urban area
population > 20 lakhs
 Municipal Corporation: a
 District panchayats: larger urban area
mandatorily constituted in
every state

Minimum age to be a member 21 years

Who conducts elections? State Election Commission

Members Directly elected by the people in the panchayat/ municipal area at all 3
levels
Elections

 Village level: Manner of

Chairpersons election is determined by the
state legislature

 Intermediate & District levels:

Elected indirectly by the
elected members of the
respective panchayats

Right to Vote in the meetings of the

panchayats Possessed by both members+
chairpersons (irrespective of their
manner of elections)

Reservation in every panchayat at

SCs* & STs all the three levels in proportion of
their population to the total
population in the panchayat area
Reservation of
Seats
(Members) *Not applicable to Arunachal
 Pradesh as it is inhabited fully by
indigenous tribal people and there
are no scheduled castes (83rd CAA
of 2000)

Not less than 1/3rd of the total

Women number of seats (including the
number of seats of reserved for
women belonging to the STs and
SCs)

OBCs Determined by the state legislature

(voluntary)

SCs* & STs The state legislature shall provide

for the reservation of offices of
Reservation of chairperson in the panchayat at any
levels (compulsory provision)
Seats
(Chairpersons) *Not applicable to Arunachal
Pradesh (83rd CAA of 2000)

Not less than 1/3rd of the total

Women number of offices of chairpersons
in the panchayats at each level
(compulsory provision)

The state legislature shall provide

OBCs for the reservation of offices of
chairperson in the panchayat at any
levels (voluntary provision)

Tenure 5 years for all levels

Duration of
Panchayats
Commencement From the date of its first meeting

Normal Before the end of 5 years; shouldn’t

(completes tenure) wait until the incumbent one
reaches its expiry date
Constitution of
a new
Within 6 months from the date of
panchayat dissolution of the preceding one
Dissolve
d Remaining
tenure > 6
before
months NOTE: This new panchayat
 expiry of remains in office only for the
tenure remainder of the period and not for
a fresh set of 5 years

Remaining
tenure < 6 No need to hold elections to
months constitute a new panchayat

Powers and Functions (endowed by the Preparation of plans and

State government) implementation of schemes for
economic development and social
justice

Levy, collect and appropriate

taxes, duties, tolls and fees
Finances (as authorized by the state Assign to Panchayats taxes, duties,
govt) tolls and fees levied and collected
by the state govt
Provide grants-in-ad from the
consolidated fund of the state
Provide for constitution of funds
for crediting all moneys of the
Panchayats
Audit of Accounts
Provisions made by the state
legislature
State Finance Commission Constituted by the Governor of a
state.

The composition of such a

commission, the qualifications of
its members and manner of their
selection will be provided by the
state legislature

Application to Union Territories Applicable to the UTs but the

President may direct that they
would apply to a UT subject to
exceptions and modifications
specified by him

Interference by courts in electoral No election to any panchayat is to

matters be questioned except by an election
petition presented to the authority
and in a manner prescribed by the
state legislature

Scheduled Himachal Pradesh, Andhra

Areas (under Pradesh, Telangana, Maharashtra,
Schedule 5) Gujarat, Rajasthan, Madhya
Pradesh, Odisha, Jharkhand,
 Chhattisgarh

Exempted Areas Tribal Areas Assam (3), Tripura (1),

(10) Mizoram (3), Meghalaya (3)
(under Schedule
6)

 Hilly areas of Manipur

Other areas  Darjeeling district of West
Bengal

Have their own tax domain- state

Finances Panchayati Raj Acts have given most
Own resource Gram Panchayats of the taxation powers to them
generation Examples: property/house tax,
profession tax, land tax/cess,
entertainment tax/fees, lighting rate,
education cess
Intermediate Panchayat Dependent on tolls, fees and non-tax
revenue only
District level panchayat Remains confined to secondary areas
like cess on stamp duty, registration
of vehicles, ferry services
 PESA ACT, 1996 (EXTENSION ACT)
GRAM SABHA
Provisions of Part IX are not applicable to the 5th Schedule areas
Foundation of the Panchayati Raj system
But Parliament may extend the provisions to such areas, with certain
modifications, through an act. In this case, it is the PESA Village assembly consisting of all the
registered voters in a panchayat’s area
5th Schedule Areas: Andhra Pradesh, Telangana, Maharashtra, Gujrat,
Rajasthan, Chhattisgarh, Jharkhand, Odisha, Madhya Pradesh, Powers and functions of a Gram Sabha
Himachal Pradesh are determined by the state legislature
This act makes the Gram Sabha a nucleus of all activities in the above
states

The Gram Sabha shall approve the plans, programs and projects for
social and economic development before they are taken up for
implementation by the Panchayat at the village level

The Gram Sabha will also be responsible for the identification of the
beneficiaries under the poverty alleviation schemes

Reservation of seats for the Scheduled Tribes will not be less than ½ of
the total number of seats

All seats of Chairpersons of Panchayat at all levels shall be reserved for

the Scheduled Tribes