THE CONSTITUTION (ELEVENTH AMENDMENT) ACT, 1961

THE CONSTITUTION (ELEVENTH AMENDMENT) ACT, 1961

Statement of Objects and Reasons appended to the Constitution
(Eleventh Amendment) Bill, 1961 which was enacted as
the Constitution (Eleventh Amendment) Act, 1961

STATEMENT OF OBJECTS AND REASONS

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.

NEW DELHI; A .K. SEN.

The 24th November, 1961.

THE CONSTITUTION (ELEVENTH AMENDMENT) ACT, 1961

[19th December,1961.]

An Act further to amend the Constitution of India.

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 both Houses 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:-

"(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.".

{}