Constitution (Eleventh Amendment) Act, 1961

The Constitution (Eleventh Amendment) Act, 1961 redefined the constitutional procedure for the election of the Vice-President of India and clarified the validity of elections to the offices of the President and Vice-President in the event of vacancies in their respective electoral colleges. The amendment simplified the electoral mechanism by dispensing with the requirement of a joint meeting of both Houses of Parliament, replacing it with an electoral college consisting of the members of both Houses. It also inserted a new clause into Article 71 to prevent disputes or legal challenges to these elections merely because of vacancies in the electoral body.
The Act received the assent of President Rajendra Prasad on 19 December 1961 and came into force the same day.

Background and Context

Under the original Article 66(1) of the Constitution, the Vice-President of India was to be elected by members of both Houses of Parliament assembled at a joint meeting. This arrangement, while appearing symbolically significant, was considered procedurally cumbersome and unnecessary, as the election process already required voting by secret ballot through a system of proportional representation by means of the single transferable vote.
Practical difficulties also arose in organising a joint sitting of both Houses solely for this purpose. Given that the President was elected by an electoral college (comprising elected Members of Parliament and elected members of the State Legislative Assemblies) without a physical joint meeting, the Government deemed it appropriate to apply the same principle to the Vice-President’s election, limited to the two Houses of Parliament.
Furthermore, constitutional experience since 1950 revealed the possibility that vacancies might exist in either House of Parliament at the time of a Presidential or Vice-Presidential election—whether due to dissolution, death, resignation, or delayed elections. To pre-empt challenges to the validity of such elections on technical grounds, it was considered necessary to amend Article 71 to expressly provide that vacancies in the electoral college would not invalidate the election.

Objectives of the Amendment

The Statement of Objects and Reasons, appended to the Constitution (Eleventh Amendment) Bill, 1961, outlined two key purposes:

1. Simplification of the electoral procedure for the Vice-President by substituting the requirement of a joint sitting with an electoral college of members from both Houses of Parliament, voting separately but collectively forming the electorate.
2. Clarification of electoral validity through an express provision that the existence of any vacancy in the relevant electoral college (for either the President or Vice-President) could not be a ground for contesting the election.

These modifications were intended to streamline parliamentary procedure, ensure continuity of constitutional offices, and minimise procedural litigation.

Key Provisions

The Eleventh Amendment contained three principal sections:

1. Short title – The Act was cited as The Constitution (Eleventh Amendment) Act, 1961.
2. Amendment of Article 66 –
   • The phrase “members of both Houses of Parliament assembled at a joint meeting” was replaced by “members of an electoral college consisting of the members of both Houses of Parliament”.
   • This revision eliminated the requirement for a joint session and established that the Vice-President would be elected through an electoral college composed of Members of Parliament voting according to proportional representation by means of the single transferable vote and by secret ballot.
   • The revised clause (1) of Article 66 thus read:

     “The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses 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. Amendment of Article 71 –
   • A new clause (4) was inserted to provide that:

     “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 ensured that the presence of vacancies—due to dissolution of a State Assembly, unfilled seats, or deaths—would not affect the legality of the election or the legitimacy of the office-holder.

Legislative History and Enactment

The Constitution (Eleventh Amendment) Bill, 1961 (Bill No. 66 of 1961) was introduced in the Lok Sabha on 30 November 1961 by Ashoke Kumar Sen, the then Minister of Law. The Bill proposed amendments to Articles 66 and 71.

• The Lok Sabha debated and passed the Bill on 5 December 1961.
• The Rajya Sabha considered and passed it on 12 December 1961 without any modifications.
• It received Presidential assent on 19 December 1961, and the Gazette of India notified the same on 20 December 1961.

The amendment did not require ratification by the States, as it pertained exclusively to the Union’s constitutional machinery and did not alter the distribution of powers between the Union and the States.

Constitutional Significance

1. Rationalisation of ProcedureThe amendment harmonised the electoral processes of the President and Vice-President. It replaced the physical assembly of both Houses with a procedural mechanism similar to that used for the Presidential election, thereby eliminating logistical complexities and ensuring administrative uniformity.
2. Assurance of Electoral ValidityBy inserting Article 71(4), the amendment closed a potential loophole that could invalidate elections on purely technical grounds. It safeguarded the continuity of the highest constitutional offices by ensuring that vacancies in the electoral college—which may arise naturally or due to election cycles—would not affect the validity of the result.
3. Preservation of Parliamentary PrimacyWhile simplifying the procedure, the amendment retained the exclusive role of Parliament in electing the Vice-President, distinguishing it from the broader federal electoral base involved in electing the President under Article 54.
4. Continuity in Office and Constitutional StabilityThe change reduced the possibility of constitutional crises arising from disputes about electoral composition, reinforcing the stability and resilience of the Republic’s executive framework.

Comparative Perspective

The original procedure of convening a joint meeting for electing the Vice-President was unique and administratively burdensome, as most parliamentary systems avoid physical assemblies of multiple chambers for such elections. By adopting the electoral college model, the Eleventh Amendment aligned India’s practice with global parliamentary conventions, where indirect elections are usually conducted through representative voting rather than joint sittings.

Legacy and Continuing Relevance

The Eleventh Amendment remains in force and continues to govern the election of the Vice-President of India. Its provisions have been implemented in all subsequent elections conducted by the Election Commission of India.
The amendment exemplifies a technical yet crucial refinement in India’s constitutional evolution, addressing procedural inefficiencies while strengthening legal certainty. It also reflects Parliament’s proactive role in correcting practical difficulties encountered in the early years of the Republic, ensuring that constitutional mechanisms evolve with experience.
Through this change, the Eleventh Amendment contributed to the institutional maturity of India’s parliamentary democracy, ensuring that the highest offices of the Republic—the President and the Vice-President—could be elected smoothly, legitimately, and without procedural impediments.