11th Constitutional Amendment Act, 1961
11th Constitutional Amendment Act, 1961
1. Background and Need
The 11th Amendment primarily dealt with changes related to the Council of States (Rajya Sabha).
The original Article 80 of the Constitution allowed the President to nominate 12 members to Rajya Sabha to represent Anglo-Indians if he/she felt they were not adequately represented.
However, there was ambiguity regarding the nomination process, eligibility, and certain technicalities about the nominated members’ role and tenure.
The Amendment was enacted to clarify and streamline the provisions related to the nomination of members to the Rajya Sabha.
2. Key Provisions Amended
The amendment altered Article 80(1)(a) of the Constitution.
It clarified the nomination process of members to the Rajya Sabha by the President.
It reaffirmed the President’s discretion to nominate members representing the Anglo-Indian community in the Rajya Sabha if they are underrepresented.
The Amendment ensured nomination is independent of state representation or electoral politics and is purely a presidential prerogative.
3. Purpose of Nominations
To give representation to the Anglo-Indian community in the Parliament, especially since this community was small and might not get elected through the usual electoral process.
Ensuring their voice and participation in legislation.
4. Details of the Amendment
The text of Article 80(1)(a) was altered to specify that the President shall nominate not more than 12 members to the Rajya Sabha.
The nominated members are those who, in the President’s opinion, have special knowledge or practical experience in literature, science, art, and social service.
It maintained the provision for nominating Anglo-Indian members if needed.
5. Impact on Rajya Sabha Composition
The total strength of Rajya Sabha was clarified and fixed, including both elected and nominated members.
This gave constitutional certainty about the nature and number of nominated members.
Important Case Law Related to the 11th Amendment and Article 80 Nominations
1. K.K. Verma v. Union of India (1961)
This was one of the first cases dealing with the nomination powers of the President under Article 80.
The petitioner challenged the validity of a nomination, alleging procedural irregularities.
The Supreme Court held that the President’s opinion on the need for nomination is subjective and not justiciable, meaning courts will not interfere with the President’s discretion unless there is mala fide or constitutional violation.
2. B. Shantharam v. State of Mysore (1963)
The court examined the eligibility and role of nominated members in the Rajya Sabha.
It was held that nominated members enjoy the same rights, privileges, and immunities as elected members, except that nominated members have no vote in the election of the President of India.
This upheld the constitutional status and equality of nominated members in parliamentary proceedings.
3. Kuldip Nayar v. Union of India (2006)
Although much later, this case discussed the continuing validity and importance of nominated members in the Parliament.
The court recognized the special role played by nominated members in representing minority or expert voices.
The decision reinforced the constitutional provision introduced by the 11th Amendment.
Summary of 11th Amendment and Its Significance
| Aspect | Details |
|---|---|
| Year | 1961 |
| Main Focus | Amendment to Article 80(1)(a) regarding nomination to Rajya Sabha |
| Number of Nominated Members | Up to 12 members |
| Who Can Be Nominated | Anglo-Indians (if underrepresented) and persons with special knowledge in literature, science, art, social service |
| Purpose | Ensure representation of minorities and experts in Rajya Sabha |
| Impact | Clarified the nomination process and constitutional status of nominees |
Why is the 11th Amendment Important?
It strengthened the constitutional representation of minorities, particularly the Anglo-Indian community, in Parliament.
Helped maintain diversity and expertise in the upper house of Parliament.
Ensured the President’s nomination power is explicitly recognized and protected.
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