Eleventh Amendment Act, 1961 of the Constitution of India

Eleventh Constitutional Amendment Act:

The Eleventh constitutional amendment act is officially known as the Constitution act, of 1961. For this amendment act, the bill is first produced in the LOK SABHA by ASHOKE KUMAR SEN on 30 November 1961. and it became an act in the same year 19 December 1961.

Amended articles: Article 66(1) and Article 71.

Object And Reasons for Eleventh Constitutional Amendment Act:

This act was mainly brought into existence to amend article 66(1). Article 66(1) of the Indian constitution states that the Vice-President has to be elected by members of both houses of the parliament by assembling a joint sitting of both houses. It is found that the requirement of a joint sitting of the members of both the houses of parliament is unnecessary for the election of the Vice-President of India. It also causes practical difficulties. Hence it is, therefore, proposed to amend this article  66(1) to provide that Vice-President will be elected by the members of an electoral college consisting of members of both the Houses of Parliament. This process is used in the election of the President of India under Article 54 of the constitution. The President is elected by an electoral college consisting of elected members of both the houses of the parliament and state legislative assemblies. This complete procedure must be completed before the election of the president. It is in any case, possible that the decisions of the two Houses of Parliament may not be finished before the election of the President or Vice-President. So further, it is proposed to amend article 71 of the constitution so as to make it clear that the election of the President or The Vice – President cannot be challenged on the ground of any vacancy for any reason in the appropriate electoral college.

The Constitution Act 1961:

1. It is the shortest form given to the Act. it comprises Amendment of article 66 of the Indian constitution, in clause 1, for the words ” members of both Houses of the Parliament assembled at a joint meeting ” to the words ” members of an Electoral college consisting of the members of both houses of parliament” shall be substituted.
2. Amendment of article 71- in article 71 of the constitution in clause 3 the following words must be inserted. ” The election of a person as President or Vice-President shall not be called in question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him”.

Important Terms Related to This Topic:

What is an Amendment?

• It can be classified as the addition of subject, variation of provision, altering the text, or repealing of the provision.
• The Parliament of India has the provision to amend the constitution whenever and wherever necessary but it cannot alter/amend the basic structure of the constitution.
• This was a unique historical judgement given in Kesavananda Bharati vs State of Kerala in 1973. Article 368 states a set of rules, regulations, and procedures to amend the constitution.

What is the Procedure of Amendment?

Any amending subject can be introduced in any house of the parliament by a minister or a private member as a constitutional amendment bill. It does not need any prior consent from the president. Each house must have to pass the bill separately and there is no provision for joint sitting. After passing in both the houses bill is sent for the president’s assent, and The President has to compulsorily give his assent. Then the bill becomes ACT.

How Many types of Majority are there to Pass a Bill in the Parliament House?

Following are the Types of Majority:

• Absolute Majority
• Effective Majority 
• Simple Majority
• Special Majority

Related Frequently Asked Questions and Answers:

1Q. Which article deals with the election of the Vice-President?

Answer: Article 63 of the Indian constitution deals with vice – President.

2Q. From which constitution is the post of vice – President taken?

Answer: The office of the Indian Vice-President is taken from the American Constitution.

3Q.  What is the electoral college for electing Vice – President?

Answer: It consists of both the elected and nominated members of the Parliament (whereas for the president only elected members). it does not include the members of state legislative assemblies.