Veto Power of President, Meaning, Types, Objectives

As per Article 111 of the Indian Constitution, the President of India holds three types of Veto Power while approving bills. For any bill to become law, it must first be passed by both Houses of Parliament and then receive the President’s assent. If the President chooses to withhold approval, the bill cannot be enacted. The Veto Power of President serves as a constitutional safeguard to ensure that legislation is carefully examined and does not conflict with the principles and spirit of the Constitution.

Veto Power of President

In legislative terms, Veto Power of the President refers to the authority of an executive head, such as the President or a Governor, to withhold approval of a bill passed by the legislature. This power enables the executive to unilaterally reject or return legislation for reconsideration. It functions as a safeguard against one-sided legislative actions and ensures that proposed laws undergo a thorough review. By doing so, the Veto Power upholds the principle of checks and balances between the legislature and the executive.

Veto Power of President Types

The Veto Power of President is generally divided into four types:

• Absolute Veto – This refers to the complete rejection of a bill. The Executive withholds assent, and the bill fails to become law.
• Qualified Veto – In this case, the Executive’s veto can be overturned if the legislature re-passes the bill with a higher majority than usual.
• Suspensive Veto – Here, the Executive returns the bill for reconsideration. If the legislature passes it again with an ordinary majority, the veto is set aside.
• Pocket Veto – This occurs when the Executive chooses not to take any action on the bill. By neither approving nor rejecting it, the bill remains pending indefinitely.

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Veto Power of President Meaning

The President of India, as the Head of State, holds a crucial position in the legislative framework of India. To ensure the effective exercise of this role, the Constitution of India confers upon the Veto Power of President.

The Veto Power of the President of India refers to the constitutional authority to withhold assent to, or reject, legislation enacted by Parliament or State Legislatures. This power serves as an important instrument for maintaining checks and balances within the law-making process.

Veto Power of President Constitutional Provisions

The Constitution of India lays down clear provisions regarding the Veto Power of President of India:

• Article 111 – Grants the President veto power over bills passed by Parliament.
• Article 201 – Grants the President veto power over bills passed by State Legislatures that are reserved for the President’s consideration.

Veto Power of President Objectives

The Veto Power of President serves several important purposes within the constitutional framework:

• To prevent hasty or ill-conceived legislation passed by Parliament.
• To check legislation that may be unconstitutional in nature.
• To safeguard the Rule of Law by ensuring that all laws conform to the Constitution.
• To provide a corrective mechanism against possible legislative errors during the law-making process.
• To encourage more thorough deliberation and revision of bills within Parliament before they become law.

Veto Power of President of India

The Constitution empowers the President of India with three distinct types of veto power:

• Absolute Veto – The President withholds assent to a bill, thereby rejecting it outright.
• Suspensive Veto – The President returns a bill (except a money bill) for reconsideration by Parliament. If passed again, the President is bound to give assent.
• Pocket Veto – The President takes no action on the bill, keeping it pending indefinitely without either approving or rejecting it.

Absolute Veto of President

The Absolute Veto is the power of the President of India to withhold assent to a bill passed by Parliament. Once exercised, the bill lapses and does not become law. The President generally uses the Absolute Veto in two circumstances:

• When the bill is a Private Member’s Bill, introduced by a Member of Parliament who is not a minister.
• When it is a Government Bill, but the Cabinet that introduced and passed it resigns before it receives assent, and the succeeding Cabinet advises the President to withhold approval.

Suspensive Veto of President

The Suspensive Veto is the power of the President to return a bill to Parliament for reconsideration. If the bill is passed again whether with amendments or in its original form and presented to the President, he is bound to give his assent. This means the Presidential veto is overridden by a simple majority, unlike in the USA where a higher majority is needed.

However, this veto does not apply to Money Bills. In their case, the President must either give assent or withhold it but cannot return the bill. Usually, assent is given since a Money Bill can be introduced only with the President’s prior approval.

Pocket Veto of President

The Pocket Veto is the power of the President to keep a bill pending indefinitely without approving, rejecting, or returning it. Unlike the United States, where the President must act within 10 days, the Indian Constitution does not specify any time limit for the President to decide on a bill. This absence of a deadline effectively allows the Indian President to withhold a decision indefinitely. Hence, it is often said that the “pocket” of the Indian President is larger than that of the American President.

Veto Power of President over State Legislation

If a bill passed by a State Legislature is reserved by the Governor for the consideration of the President, it can become an Act only upon receiving the President’s assent. In this regard, the Veto Power of President in relation to State legislation as well.

According to Article 201 of the Indian Constitution, when a bill is reserved by the Governor for the President’s consideration, the President has three alternatives before him:

• To give his assent to the bill
• To withhold his assent to the bill – This reflects the President’s power of absolute veto over State legislation.
• To direct the Governor to return the bill (if it is not a Money Bill) for reconsideration by the State Legislature – This reflects the President’s power of suspensive veto.

In the third case, if the State Legislature passes the bill again, with or without amendments, and resubmits it to the President, he is not bound to provide assent. Hence, the State Legislature cannot overrule the President’s veto power.

The Constitution does not prescribe any time limit within which the President must take a decision on such bills. Consequently, the President may also exercise a pocket veto with respect to State legislation.