The 11th amendment of Indian Constitution is the lawful document. The vice president election is the purpose behind this. It is an Indian constitution part that was adopted by the Lok Sabha in November 1961. On December 19, 1961, it became effective.
This article speaks about the 11th amendment of Indian constitution. For UPSC candidates preparing for the IAS Exam, this information is helpful. It belongs to the Indian polity.
11th Amendment Of Indian Constitution
The 11th Amendment of the Indian Constitution is also known as the Constitution (Eleventh Amendment) Act of 1961.
It eliminates the prior need that members of both Houses of Parliament to meet together to elect the vice president. Instead, the vice president may be chosen by members of an electoral college made up of members of both Houses of Parliament of India.
Objects And Reasons
- The Vice-President must be chosen by representatives of both the Lower House and Upper House of Parliament gathered together at a joint session as per article 66(1) of the Constitution.
- This demand appears completely needless and could also pose practical challenges.
- Consequently, it is suggested that this article be changed to specify that the vice president would be chosen by members of an electoral college composed of representatives from both Houses of Parliament.
- In line with Article 54 of the Indian Constitution, a group of elected representatives from the state legislatures and the two Houses of Parliament makes up the electoral college that chooses the president.
- To complete such elections prior to the presidential election date, all possible attempt is put forth.
- It may be probable that before the President or Vice-President is chosen, the elections for both the Houses of Parliament could still be ongoing.
- In order to reflect the fact that the election of the Vice-President or President cannot be contested due to any vacancy in the respective electoral college, regardless of the cause, it is advised that Article 71 of the Indian Constitution be modified.
Amendments Modified By 11th CAA
The amendment modified two articles of the Constitution: Article 66(1), and Article 71.
- Amendment of article 66 – Article 66, Clause (1), of the Indian Constitution is amended. It is no longer required for the members of both Houses of Parliament to meet together in order to elect the Vice-President. As it is stipulated that the Vice-President should be chosen by the members of an electoral college made up of members of both Houses of Parliament.
- The 11th Amendment adds a new clause (4) to Article 71 of the Constitution. It specifies that the election of the President or Vice President cannot be contested on the grounds that there is a vacancy in the respective electoral college for whatever reason.
The provisions of the amendments required were detailed as per the notes on clauses appended to the Bill.
Enactment Of The 7th CAA Bill
Ashoke Kumar Sen introduced the Constitution Bill of the 11th amendment in the Lok Sabha. It was 30 November on the calendar of 1961.
After profound discussions, on 5 December 1961, Lok Sabha passed the bill. On 12 December 1961, it paved its way through the Rajya Sabha. President Rajendra Prasad approved and enforced the bill on 19 December 1961.
The 11th amendment of Indian Constitution amendment revised the rules for the elections of vice presidents. Article 66(1) and Article 71 of the Indian constitution, were amended. This is to modify the election provisions of the vice president.
What Does Article 66(1) Say After The 11th Amendment?
The Vice-President will be chosen by members of an electoral college comprised of representatives of the House of Parliament using the single transferable vote and secret balloting in compliance with the proportional representation process.