Question

Which of the following describes the veto powers held by the

President of India?

(i) Absolute Veto

(ii) Suspensive Veto

(iii) Pocket Veto

• A. Only (i)
• B. Only (ii)
• C. Only (iii)
• D. All the above

Answer 1

Answer:

D. All the above

Article 111 of the Constitution

• Article 111 of the Constitution of India deals with the President's power to give assent to bills passed by the Parliament.

• When a bill is presented to the President, they can either give assent, withhold assent, or return the bill (if it is not a Money Bill) for reconsideration. This gives rise to three types of veto powers: Absolute Veto, Suspensive Veto, and Pocket Veto.

1. Absolute Veto

• This refers to the power of the President to withhold assent to a bill passed by the Parliament. Once withheld, the bill ends and does not become an Act.

• It is typically exercised in two cases: with respect to Private Members' Bills, and Government Bills when the cabinet resigns and the new cabinet advises the President not to give assent.

• Historical Examples: In 1954, Dr. Rajendra Prasad withheld his assent to the PEPSU Appropriation Bill. In 1991, President R. Venkataraman withheld assent to the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill.

2. Suspensive Veto

• The President exercises this veto when returning a bill to the Parliament for reconsideration.

• However, if the Parliament passes the bill again (with or without amendments) by a simple majority and presents it to the President, the President is constitutionally bound to give assent.

• The President cannot exercise a suspensive veto in the case of Money Bills. The President can only give assent or withhold assent to a Money Bill.

• Historical Example: President APJ Abdul Kalam used the suspensive veto in 2006 to return the Parliament (Prevention of Disqualification) Amendment Bill for reconsideration.

3. Pocket Veto

• In this case, the President neither ratifies nor rejects nor returns the bill, but simply keeps the bill pending for an indefinite period.

• Unlike the USA (where the President must return a bill within 10 days), the Constitution of India does not prescribe any time limit for the President to take action on a bill. Hence, it is often said that "the pocket of the Indian President is bigger than that of the US President."

• Historical Example: In 1986, President Giani Zail Singh exercised the pocket veto with respect to the Indian Post Office (Amendment) Bill to protect freedom of the press.

• The President of India does not possess a Qualified Veto. A qualified veto (which exists in the US) is one that can be overridden by the legislature with a higher majority (extraordinary majority).

• The President has no veto power in respect of Constitutional Amendment Bills. Under the 24th Constitutional Amendment Act of 1971, it was made obligatory for the President to give assent to a Constitutional Amendment Bill.