Veto Power of the President in India

Introduction:

In parliamentary systems like India, the President holds the authority to withhold assent to bills passed by the Parliament, thus preventing them from becoming law without further consideration. This power acts as a check on the legislative branch, ensuring that proposed laws are in line with constitutional principles and national interests.

Veto Power of President 

• A bill passed by the parliament can become an act only if it receives the assent of the President. 
• When such a bill is presented to the President, he has three alternatives for Bills: (Art 111)
  • He may give his assent to the bill.
  • He may withhold his assent to the bill, the bill then ends.
  • He may return a bill for reconsideration of the Houses. If the bill is passed by both the Houses again with or without amendments and presented to the President for his assent, the President must give his assent to the bill. 
• Thus, the President has the veto power over the bills passed by the Parliament. 

Types of Veto

• He is vested with three vetoes: Absolute veto, Suspensive veto and Pocket veto. There is no qualified veto in the case of an Indian President; it is possessed by the American President.
  • Absolute veto: It refers to the power of the President to withhold his assent to a bill passed by the Parliament. The bill then ends and does not become an act.
    • It is exercised in the cases concerning private members’ bills and Concerning the government bills when the cabinet resigns and the new cabinet advises the President not to give his assent to such bills.
• Suspensive Veto: The President exercises this veto when he/she returns a bill for reconsideration of the Parliament. 
  • However, if the bill is passed again by the Parliament with or without amendments and again presented to the President, the President must give his assent to the bill.
  • The 42nd and 44th Constitutional Amendment Act authorised the President to require the council of ministers to reconsider such advice either generally or otherwise.
  • The President does not possess this veto in the case of money bills.
• Pocket Veto: The President neither ratifies or rejects nor returns the bill, but simply keeps the bill pending for an indefinite period.
  • The President can exercise this veto power as the Constitution does not prescribe any time-limit within which he has to take the decision with respect to a bill presented to him for his assent.
  • In the USA, on the other hand, the President has to return the bill for reconsideration within 10 days. 
  • Hence, it is remarked that the pocket of the Indian President is bigger than that of the American President.
• No Veto Power: In respect of the Constitutional Amendment Bill as 24th CAA, 1971 made it obligatory for the president to give his assent to a Constitutional Amendment Bill.

Presidential Veto over State Legislation

• When a state bill is reserved by the governor for consideration of the President, the President has three alternatives: (Art 201)
  • He may give his assent to the bill.
  • He may withhold his assent to the bill, the bill then ends.
  • He may return the bill for reconsideration of the House or Houses of the state legislature.  When a bill is returned, the House or Houses have to reconsider it within six months. 
  • If the bill is passed by the House or Houses again with or without amendments and presented to the president for his assent, the president is not bound to give his assent to the bill (Pocket Veto)
    • This implies that the state legislature lacks the authority to override the veto power of the President.
    • Also, The Constitution doesn’t set a time limit for the President to decide on a bill reserved by the governor.
  • The president can reject the money bill of the state legislature, However, He can not return the money bill to the state legislature.

Conclusion:

The veto power vested in the President is a fundamental feature of India’s parliamentary democracy, serving as a safeguard against hasty or unconstitutional legislation. As a constitutional functionary, the President plays a crucial role in upholding the integrity of the legal framework and ensuring that laws enacted by the Parliament adhere to the principles of justice, equity, and the rule of law.

DOWNLOAD PDF