11th Constitutional Amendment Act, 1961

The Constitution of India is a living document designed to evolve with the changing needs of the nation. One of the important ways this evolution happens is through constitutional amendments. 

Among the numerous amendments, the Eleventh Amendment Act of 1961 holds a special place for simplifying and strengthening the election process of the Vice-President of India, a position that holds significant constitutional importance.

Background and Context of 11th Constitutional Amendment Act, 1961

The office of the Vice-President is the second highest constitutional office in India after the President. Articles 63 to 71 of the Constitution deal with the Vice-President, including the election process.

Before the Eleventh Amendment, the Vice-President was required to be elected by members of both Houses of Parliament assembled at a joint meeting, as stipulated in Article 66(1) of the Constitution. This requirement, however, posed practical difficulties. Joint meetings of both Houses, Lok Sabha and Rajya Sabha, were not always feasible due to differing sessions and schedules.

Furthermore, the Constitution did not clearly address the issue of vacancies in the electoral college during the election process. For example, if some seats in Parliament were vacant because general elections were pending or due to other reasons, the validity of the Vice-President’s or President’s election could be challenged on the ground that the electoral college was incomplete.

The Eleventh Amendment Act of 1961 was introduced to overcome these difficulties by simplifying the election process and providing legal certainty to the elections of the President and Vice-President.

Objects of 11th Constitutional Amendment Act, 1961

The Eleventh Amendment was introduced primarily to achieve two objectives:

• To remove the necessity of a joint sitting of both Houses of Parliament for the election of the Vice-President. The joint meeting requirement was seen as unnecessary and cumbersome. Instead, it was proposed that the Vice-President be elected by an electoral college comprising members of both Houses, similar to the existing system for Presidential elections.
• To clarify that the elections of the President and Vice-President cannot be challenged merely because of vacancies in the electoral college. This amendment ensured that elections would not be invalidated due to a few vacant seats in Parliament or the State Assemblies, thus avoiding unnecessary delays and legal complications.

These objectives were clearly outlined in the Statement of Objects and Reasons attached to the Constitution (Eleventh Amendment) Bill, 1961.

Key Amendments to 11th Constitutional Amendment Act, 1961

The Amendment made changes to two important Articles — Article 66 and Article 71.

Amendment to Article 66(1)

• Before Amendment: Article 66(1) stated that the Vice-President would be elected by members of both Houses of Parliament assembled at a joint meeting.
• After Amendment: The phrase “assembled at a joint meeting” was replaced with “by the members of an electoral college consisting of the members of both Houses of Parliament.” This meant that instead of physically assembling in a joint sitting, members would vote as an electoral college.

Despite this change, the method of election — proportional representation by means of the single transferable vote and secret ballot — remained unchanged.

Amendment to Article 71

New Clause (4) Added: The Amendment introduced Clause (4) to Article 71, which states:

“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.”

This clause protects the elections from being challenged on account of vacancies in the electoral college, which could be caused by pending elections, resignation, death, or disqualification of members.

Legislative Journey of t11th Constitutional Amendment Act, 1961

The Constitution (Eleventh Amendment) Bill, 1961, was introduced in the Lok Sabha on 30 November 1961 by Ashoke Kumar Sen, the then Minister of Law. The Bill sought to amend Articles 66 and 71 as described above.

The Bill was debated and passed by the Lok Sabha on 5 December 1961 without any amendments. The Rajya Sabha also considered and passed the Bill on 12 December 1961. The President of India, Rajendra Prasad, gave his assent on 19 December 1961, and the Act came into force the same day. It was published in the Gazette of India on 20 December 1961.

The speed with which the Amendment was passed shows the non-controversial nature of the changes and their practical importance.

Election Procedure of the Vice-President Post Amendment

Though the Amendment altered Articles 66 and 71, the detailed procedures governing the Vice-President’s election are set out in the Presidential and Vice-Presidential Elections Act, 1952, and the Presidential and Vice-Presidential Election Rules, 1974.

The key features of the election procedure are:

• Electoral College Composition: The electoral college for Vice-President includes:
  • Elected and nominated members of Rajya Sabha
  • Elected members of Lok Sabha
• Method of Voting: The election is held by proportional representation by means of the single transferable vote. Voting is by secret ballot.
• Nomination: Candidates need to be proposed by at least 20 MPs and seconded by 20 MPs. They must also deposit ₹15,000 as security.
• Counting of Votes: Votes are counted to determine if a candidate has achieved the quota, which is calculated as half the total valid votes plus one.
• Returning Officer: The Secretary-General of either House of Parliament (appointed by rotation) acts as the Returning Officer, overseeing the election.

Role of the Vice-President in India

The Vice-President holds a vital constitutional position, serving as the ex officio Chairperson of the Rajya Sabha, the upper house of Parliament. The Vice-President acts as President in case of a vacancy caused by death, resignation, impeachment, or any other reason until a new President is elected. This acting period can last for a maximum of six months.

If the offices of both the President and Vice-President are vacant simultaneously, the Chief Justice of India (or the senior-most judge of the Supreme Court) discharges the duties of the President.

Judicial Pronouncements Relating to the Amendment

The judiciary has upheld the principles embodied in the Eleventh Amendment:

• NP Ponnuswami v. Returning Officer, Namakkal Constituency (1952): The Supreme Court held that courts cannot interfere with the decisions of the Returning Officer during the election process. Any disputes must be resolved after the election through election petitions.
• Narayan Bhaskar Khare v. Election Commission of India (1957): The Court ruled that elections to the offices of President and Vice-President must proceed even if the electoral college is incomplete due to pending elections in some States. Challenges could only be made post-election.

These decisions reinforce the Amendment’s objective to ensure timely and undisrupted elections to India’s highest offices.

Conclusion

The Eleventh Amendment of the Indian Constitution may appear as a minor textual change but it is of great practical importance. By removing the need for a joint sitting of Parliament to elect the Vice-President and safeguarding the validity of the elections from being challenged on account of vacancies in the electoral college, it streamlined the electoral process and ensured political stability.