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.".

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