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{{Use Indian English|date=November 2013}} | {{Use Indian English|date=November 2013}} | ||
{{Use dmy dates|date= | {{Use dmy dates|date=April 2025}} | ||
{{Infobox legislation | {{Infobox legislation | ||
|short_title = The Constitution (Eleventh Amendment) Act, 1961 | |short_title = The Constitution (Eleventh Amendment) Act, 1961 | ||
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|long_title = An Act further to amend the Constitution of India. | |long_title = An Act further to amend the Constitution of India. | ||
|citation = [http://indiacode.nic.in/coiweb/amend/amend11.htm 11th Amendment] | |citation = [http://indiacode.nic.in/coiweb/amend/amend11.htm 11th Amendment] | ||
|territorial_extent = | |territorial_extent = India | ||
|enacted_by = [[Lok Sabha]] | |enacted_by = [[Lok Sabha]] | ||
|date_passed = 5 December 1961 | |date_passed = 5 December 1961 | ||
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}} | }} | ||
The '''Eleventh Amendment''' of the [[Constitution of India]], officially known as '''The Constitution (Eleventh Amendment) Act, 1961''', provided that the | The '''Eleventh Amendment''' of the [[Constitution of India]], officially known as '''The Constitution (Eleventh Amendment) Act, 1961''', provided that the vice-president shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament, thereby dispensing with the earlier requirement of a joint meeting of members of both Houses of Parliament assembled for the said purpose. The 11th Amendment inserted a new clause (4) in article 71 of the Constitution to clarify that the election of the president or vice-president cannot be challenged on the ground of the existence of any vacancy for whatever reason in the appropriate electoral college. | ||
==Text== | ==Text== | ||
{{ | {{blockquote|BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:— | ||
'''1. ''Short title''''' This Act may be called the Constitution (Eleventh Amendment) Act, 1961 | '''1. ''Short title''''' This Act may be called the Constitution (Eleventh Amendment) Act, 1961 | ||
'''2. ''Amendment of article 66''''' In article 66 of the Constitution, in clause (1), for the words "members of both Houses of Parliament assembled at a joint | '''2. ''Amendment of article 66''''' In article 66 of the Constitution, in clause (1), for the words "members of both Houses of Parliament assembled at a joint meeting", the words "members of an electoral college consisting of the members of the House of Parliament" shall be substituted. | ||
'''3. ''Amendment of article 71''''' In article 71 of the Constitution, after clause (3), the following clause shall be inserted, namely:— | '''3. ''Amendment of article 71''''' In article 71 of the Constitution, after clause (3), the following clause shall be inserted, namely:— | ||
:"(4) 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".<ref>{{cite web|title=Texts of the Constitution Amendment Acts|url=http://164.100.47.134/intranet/CAI/A.pdf|work=Lok Sabha Secretariat|access-date=1 December 2013|pages=417–418|archive-url=https://web.archive.org/web/20131203013036/http://164.100.47.134/intranet/CAI/A.pdf|archive-date=3 December 2013|url-status=dead}} {{PD-notice}}</ref><ref>{{cite web|url=http://indiacode.nic.in/coiweb/amend/amend11.htm |title=The Constitution (Eleventh Amendment) Bill, 1961|access-date=1 December 2013}} {{PD-notice}}</ref>}} | :"(4) 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".<ref>{{cite web|title=Texts of the Constitution Amendment Acts|url=http://164.100.47.134/intranet/CAI/A.pdf|work=Lok Sabha Secretariat|access-date=1 December 2013|pages=417–418|archive-url=https://web.archive.org/web/20131203013036/http://164.100.47.134/intranet/CAI/A.pdf|archive-date=3 December 2013|url-status=dead}} {{PD-notice}}</ref><ref>{{cite web|url=http://indiacode.nic.in/coiweb/amend/amend11.htm |title=The Constitution (Eleventh Amendment) Bill, 1961|access-date=1 December 2013}} {{PD-notice}}</ref>}} | ||
The full text of | The full text of clause (1) of article 66, after the 11th Amendment is given below: | ||
{{ | {{blockquote|'''66. ''Election of Vice-President''''' | ||
'''(1)''' The Vice-President shall be elected by the <s>members of both Houses of Parliament assembled at a joint meeting</s> ''members of an electoral college consisting of the members of the House of Parliament'' in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.<ref>{{cite web|title=Constitution Amendment in India|url=http://164.100.47.134/intranet/CAI/E.pdf|work=Lok Sabha Secretariat|access-date=1 December 2013|pages=929|url-status=dead|archive-url=https://web.archive.org/web/20131203013102/http://164.100.47.134/intranet/CAI/E.pdf|archive-date=3 December 2013 | '''(1)''' The Vice-President shall be elected by the <s>members of both Houses of Parliament assembled at a joint meeting</s> ''members of an electoral college consisting of the members of the House of Parliament'' in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.<ref>{{cite web|title=Constitution Amendment in India|url=http://164.100.47.134/intranet/CAI/E.pdf|work=Lok Sabha Secretariat|access-date=1 December 2013|pages=929|url-status=dead|archive-url=https://web.archive.org/web/20131203013102/http://164.100.47.134/intranet/CAI/E.pdf|archive-date=3 December 2013}} {{PD-notice}}</ref>}} | ||
==Proposal and enactment== | ==Proposal and enactment== | ||
The ''Constitution (Eleventh Amendment) Bill, 1961'' (Bill No. 66 of 1961) was introduced in the [[Lok Sabha]] on 30 November 1961. It was introduced by [[Ashoke Kumar Sen]], then Minister of Law, and sought to amend articles 66 and 71 of the Constitution.<ref name = "Constitution Amendment in India">{{cite book|title=Constitution Amendment in India|date=1 January 1995|publisher=Northern Book Centre|location=New Delhi|pages=28–29;170–171;294|isbn=9788172110659|url=https://books.google.com/books?id=4yp0yhzdKWIC|edition=Sixth|editor=R.C. Bhardwaj|access-date=1 December 2013}}</ref> The full text of the Statement of Objects and Reasons appended to the bill is given below: The full text of the Statement of Objects and Reasons appended to the bill is given below: | The ''Constitution (Eleventh Amendment) Bill, 1961'' (Bill No. 66 of 1961) was introduced in the [[Lok Sabha]] on 30 November 1961. It was introduced by [[Ashoke Kumar Sen]], then Minister of Law, and sought to amend articles 66 and 71 of the Constitution.<ref name = "Constitution Amendment in India">{{cite book|title=Constitution Amendment in India|date=1 January 1995|publisher=Northern Book Centre|location=New Delhi|pages=28–29;170–171;294|isbn=9788172110659|url=https://books.google.com/books?id=4yp0yhzdKWIC|edition=Sixth|editor=R.C. Bhardwaj|access-date=1 December 2013}}</ref> The full text of the Statement of Objects and Reasons appended to the bill is given below: The full text of the Statement of Objects and Reasons appended to the bill is given below: | ||
{{Indian Constitution TOC}} | {{Indian Constitution TOC}} | ||
{{ | {{blockquote|Under article 66(1) of the Constitution, the Vice-President has to be elected by members of both Houses of Parliament assembled at a joint meeting. The requirement that members of the two Houses should assemble at a joint sitting for the election of the Vice-President seems to be totally unnecessary and may also cause practical difficulties. It is, therefore, proposed to amend this article to provide that the Vice-President will be elected by members of an electoral college consisting of members of both Houses of Parliament. Under article 54 of the Constitution, the President is elected by an electoral college consisting of the elected members of both Houses of Parliament and of the Legislative Assemblies of the States. Every effort is made to complete such elections before the date of the Presidential election. It is, however, possible that the elections to the two Houses of Parliament may not be completed before the President or the Vice-President is elected. It is, therefore, 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. | ||
2. The Bill seeks to achieve these objects. The notes on clauses appended to the Bill explain the provisions thereof. | 2. The Bill seeks to achieve these objects. The notes on clauses appended to the Bill explain the provisions thereof. | ||
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}} | }} | ||
The bill was debated and passed in the original form by the Lok Sabha on 5 December 1961. It was considered and passed by the [[Rajya Sabha]] on 12 December 1961. The bill received assent from | The bill was debated and passed in the original form by the Lok Sabha on 5 December 1961. It was considered and passed by the [[Rajya Sabha]] on 12 December 1961. The bill received assent from President [[Rajendra Prasad]] on 19 December 1961, and came into force on the same date. It was notified in ''[[The Gazette of India]]'' on 20 December 1961.<ref name = "Constitution Amendment in India"/><ref>{{cite web|url=http://www.constitution.org/cons/india/amendment.htm |title=The Constitution (Amendment) Acts |publisher=Constitution.org |access-date=2013-12-01}} {{PD-notice}}</ref> | ||
==See also== | ==See also== | ||
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[[Category:Amendments of the Constitution of India|11]] | [[Category:Amendments of the Constitution of India|11]] | ||
[[Category:1961 in | [[Category:1961 in Indian law]] | ||
[[Category:Nehru administration]] | [[Category:Nehru administration]] | ||
Latest revision as of 01:21, 10 April 2025
| The Constitution (Eleventh Amendment) Act, 1961 | |
|---|---|
 | |
| Parliament of India | |
| |
| Citation | 11th Amendment |
| Territorial extent | India |
| Enacted by | Lok Sabha |
| Passed | 5 December 1961 |
| Enacted by | Rajya Sabha |
| Passed | 12 December 1961 |
| Assented to | 19 December 1961 |
| Commenced | 19 December 1961 |
| Legislative history | |
| Bill introduced in the Lok Sabha | Constitution (Eleventh Amendment) Bill, 1961 |
| Bill published on | 30 November 1961 |
| Introduced by | Ashoke Kumar Sen |
| Status: In force | |
The Eleventh Amendment of the Constitution of India, officially known as The Constitution (Eleventh Amendment) Act, 1961, provided that the vice-president shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament, thereby dispensing with the earlier requirement of a joint meeting of members of both Houses of Parliament assembled for the said purpose. The 11th Amendment inserted a new clause (4) in article 71 of the Constitution to clarify that the election of the president or vice-president cannot be challenged on the ground of the existence of any vacancy for whatever reason in the appropriate electoral college.
Text[edit | edit source]
BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:—
1. Short title This Act may be called the Constitution (Eleventh Amendment) Act, 1961
2. Amendment of article 66 In article 66 of the Constitution, in clause (1), for the words "members of both Houses of Parliament assembled at a joint meeting", the words "members of an electoral college consisting of the members of the House of Parliament" shall be substituted.
3. Amendment of article 71 In article 71 of the Constitution, after clause (3), the following clause shall be inserted, namely:—
The full text of clause (1) of article 66, after the 11th Amendment is given below:
66. Election of Vice-President (1) The Vice-President shall be elected by the
members of both Houses of Parliament assembled at a joint meetingmembers of an electoral college consisting of the members of the House of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.[3]
Proposal and enactment[edit | edit source]
The Constitution (Eleventh Amendment) Bill, 1961 (Bill No. 66 of 1961) was introduced in the Lok Sabha on 30 November 1961. It was introduced by Ashoke Kumar Sen, then Minister of Law, and sought to amend articles 66 and 71 of the Constitution.[4] The full text of the Statement of Objects and Reasons appended to the bill is given below: The full text of the Statement of Objects and Reasons appended to the bill is given below:
| Part of a series on the |
| Constitution of India |
|---|
|
| Preamble |
Under article 66(1) of the Constitution, the Vice-President has to be elected by members of both Houses of Parliament assembled at a joint meeting. The requirement that members of the two Houses should assemble at a joint sitting for the election of the Vice-President seems to be totally unnecessary and may also cause practical difficulties. It is, therefore, proposed to amend this article to provide that the Vice-President will be elected by members of an electoral college consisting of members of both Houses of Parliament. Under article 54 of the Constitution, the President is elected by an electoral college consisting of the elected members of both Houses of Parliament and of the Legislative Assemblies of the States. Every effort is made to complete such elections before the date of the Presidential election. It is, however, possible that the elections to the two Houses of Parliament may not be completed before the President or the Vice-President is elected. It is, therefore, 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.
2. The Bill seeks to achieve these objects. The notes on clauses appended to the Bill explain the provisions thereof.
— A.K. Sen, "The Constitution (Eleventh Amendment) Bill, 1961".This article incorporates text from this source, which is in the public domain.
The bill was debated and passed in the original form by the Lok Sabha on 5 December 1961. It was considered and passed by the Rajya Sabha on 12 December 1961. The bill received assent from President Rajendra Prasad on 19 December 1961, and came into force on the same date. It was notified in The Gazette of India on 20 December 1961.[4][5]
See also[edit | edit source]
References[edit | edit source]
- ↑ "Texts of the Constitution Amendment Acts" (PDF). Lok Sabha Secretariat. pp. 417–418. Archived from the original (PDF) on 3 December 2013. Retrieved 1 December 2013. This article incorporates text from this source, which is in the public domain.
- ↑ "The Constitution (Eleventh Amendment) Bill, 1961". Retrieved 1 December 2013. This article incorporates text from this source, which is in the public domain.
- ↑ "Constitution Amendment in India" (PDF). Lok Sabha Secretariat. p. 929. Archived from the original (PDF) on 3 December 2013. Retrieved 1 December 2013. This article incorporates text from this source, which is in the public domain.
- ↑ 4.0 4.1 R.C. Bhardwaj, ed. (1 January 1995). Constitution Amendment in India (Sixth ed.). New Delhi: Northern Book Centre. pp. 28–29, 170–171, 294. ISBN 9788172110659. Retrieved 1 December 2013.
- ↑ "The Constitution (Amendment) Acts". Constitution.org. Retrieved 1 December 2013. This article incorporates text from this source, which is in the public domain.