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| AMENDMENTS SECTION OF: 1-4 |
THE CONSTITUTION (ELEVENTH AMENDMENT) ACT, 1961
SECTION OF: 1-4
ELEVENTH AMENDMENT
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.
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AMENDMENTS SECTION OF:1-12
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 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 objectives. The notes on clauses appended to the Bill explain the provisions thereof.
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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:-
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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.".
An amendment formulated as a statute refers to a formal change or addition to a legal code or body of laws that is enacted by a legislative body. In the context of the United States, most amendments are changes to the Constitution, but there are instances where amendments are enacted through statutory law.
An example of this in the U.S. could be changes to federal or state laws that are passed through the legislative process rather than altering the Constitution itself. Here are a few examples where amendments are in the form of statutes:
Amendments to State Laws: State legislatures frequently amend their legal codes. For instance, amendments to state criminal laws or family laws are done through statutes passed by the state legislature.
Tax Code Amendments: The Internal Revenue Code (IRC) in the U.S. is often amended through statutory changes. The Tax Cuts and Jobs Act of 2017 is an example of a significant statutory amendment to the IRC.
In summary, statutory amendments are changes made to existing laws through the legislative process, not through constitutional changes. They are crucial for the ongoing adjustment and improvement of the legal system to address new issues and societal changes.
The First Amendment and the Second Amendment are two key components of the United States Constitution, specifically found in the Bill of Rights. Each amendment addresses fundamental rights and freedoms of individuals in the United States.
First Amendment
The First Amendment is part of the Bill of Rights and it safeguards several core freedoms for individuals. It states:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Key Protections of the First Amendment:
Freedom of Religion: This clause prevents the government from establishing an official religion or unduly interfering with the free exercise of religion.
Freedom of Speech: It protects individuals' right to express themselves without government interference or regulation.
Freedom of the Press: This allows for a free and independent press, which is essential for a democratic society.
Freedom to Assemble: People have the right to gather peacefully for demonstrations, protests, and other forms of collective expression.
Right to Petition the Government: Individuals can appeal to the government to address grievances without fear of punishment or reprisal.
Second Amendment
The Second Amendment is another crucial part of the Bill of Rights, and it deals with the right to keep and bear arms. It states:
"A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Key Protections of the Second Amendment:
Right to Bear Arms: This amendment ensures that individuals have the right to possess and carry weapons.
Well-Regulated Militia: Historically, this clause has been interpreted to mean that armed citizenry can serve as a check against tyranny and be available for defense and law enforcement purposes.
Interpretation and Impact
First Amendment:
Freedom of Religion: Significant court cases like "Engel v. Vitale" (1962) have reinforced the separation of church and state.
Freedom of Speech: Landmark cases such as "Brandenburg v. Ohio" (1969) have shaped the understanding that even controversial and offensive speech is protected.
Freedom of the Press: Cases like "New York Times Co. v. United States" (1971) have affirmed the press’s role in scrutinizing government actions.
Second Amendment:
District of Columbia v. Heller (2008): This Supreme Court case affirmed an individual's right to possess firearms unconnected with service in a militia and to use them for traditionally lawful purposes, such as self-defense within the home.
McDonald v. City of Chicago (2010): This case incorporated the Second Amendment right to keep and bear arms to the states through the Fourteenth Amendment, preventing states from infringing on this right.
Conclusion
The First and Second Amendments form the bedrock of American civil liberties, addressing freedoms essential to a democratic society. The First Amendment guarantees vital freedoms that allow for open expression, religious practice, and the press's role in holding the government accountable. The Second Amendment protects the right to bear arms, which many see as a safeguard against tyranny and a means of personal protection. Both amendments remain central in legal and political discussions, reflecting their ongoing importance in American life.
As of now, the Constitution of India has been amended 105 times. The latest amendment, the Constitution (One Hundred and Fifth Amendment) Act, 2021, was passed to restore the power of the states and union territories to identify and specify Socially and Educationally Backward Classes (SEBCs).
Overview of the Amendments
The amendments to the Indian Constitution address a wide range of issues, including:
Fundamental rights
Federal structure
Electoral processes
Reservation Policies
Economic reforms
Judicial system
Key Amendments
Some of the most significant amendments include:
First Amendment (1951): Added restrictions on freedom of speech and imposed reasonable restrictions on several fundamental rights.
Seventh Amendment (1956): Reorganized states on a linguistic basis.
Twenty-fourth Amendment (1971): Affirmed the power of Parliament to amend any part of the Constitution, including Fundamental Rights.
Forty-second Amendment (1976): Known as the "Mini-Constitution," it brought about extensive changes, including the addition of the words "Socialist," "Secular," and "Integrity" to the Preamble.
Forty-fourth Amendment (1978): Reversed many changes made by the Forty-second Amendment and strengthened the democratic process.
Seventy-third and Seventy-fourth Amendments (1992): Introduced Panchayati Raj institutions and urban local bodies, enhancing local self-governance.
Eighty-sixth Amendment (2002): Made education a fundamental right for children aged 6 to 14 years.
Ninety-third Amendment (2005): Provided for reservation in private educational institutions for socially and educationally backward classes.
One Hundred and First Amendment (2016): Introduced the Goods and Services Tax (GST), creating a single tax system for goods and services across India.
One Hundred and Third Amendment (2019): Provided for 10% reservation in government jobs and educational institutions for the economically weaker sections of society.
Process of Amendment
Article 368 of the Indian Constitution outlines the process for amending the Constitution:
Introduction: A bill to amend the Constitution can be introduced in either house of Parliament.
Approval: The bill must be passed by each house by a majority of the total membership of that house and by a majority of not less than two-thirds of the members present and voting.
President's Assent: After being passed by both houses, the bill is presented to the President for assent.
Certain amendments that affect federal relations, such as those involving the representation of states in Parliament or the powers of the President and governors, must also be ratified by at least half of the state legislatures.
Conclusion
The Constitution of India, through its 105 amendments, has evolved to address changing needs and challenges while maintaining its core principles. These amendments reflect the dynamic nature of Indian democracy, ensuring the Constitution remains relevant and responsive to the aspirations of its people.
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