Veto Power of the Indian President

Veto power is the ability of a person or group to unilaterally stop or prevent an action or decision from being taken. In most cases, the power of veto is held by a single person or organization, such as the President of a country. The use of veto power can prevent a decision or action from being taken even if it has the support of a majority of the people or organizations involved.

Veto Power in Indian Governance

In India, the President has certain powers in relation to his assent to a bill of parliament. The president has been given the authority to use other veto powers if he or she believes it is important to protect and ensure proper constitutional and legislative procedures. The President's veto authority allows him to refuse or not act on a measure enacted by a legislature. The president of India has the discretionary ability to veto legislation. He is not compelled to accept the recommendations of the ministerial council in exercising the same.

Veto Power of the President

Article 111 specifies that a bill of Parliament may only become an Act if the President assents to it, therefore, when the Indian parliament approves laws, they are forwarded to the President for his consent.

Any measure enacted by Parliament and forwarded to the President for his assent may result in one of the following acts by the President:

• The President has the authority to offer his assent to a measure enacted by Parliament.

• The President may not grant his consent to or withhold his assent to a measure enacted by Parliament.

• The President may refer the law back to the Parliament for reconsideration.

The President of India's veto power refers to his ability to withhold or refuse assent to a parliamentary measure.

The President applies his veto authority in accordance with his conscience; nonetheless, two situations might arise when the President exercises his veto power.

• If the president discovers a lapse in parliamentary deliberation during the bill's passage.

• The President decided that withholding a bill was necessary to stop unconstitutional legislation.

The President of India has an absolute veto, a suspensive veto, and pocket veto capabilities.

Types of Veto Power

Following are the three major types of veto that Constitution of India facilitate to the President

Absolute Veto

The President has the authority to entirely reject a measure from the legislature using the "absolute veto." In this situation, the bill is withdrawn and does not become an act.

However, the President may use his absolute veto in the following circumstances:

• If the bill was introduced by a private member of parliament.

• In the event that the former administration approves the measure (it was approved before its resignation, but it was terminated before the President could give his approval) and the new administration recommends the president not to do so.

Suspensive Veto

This veto authority is known as the suspensive veto of the President of India when the President sends the measure back to Parliament for reconsideration.

However, the President of India's veto authority is subject to certain constraints.

• Because money bills are approved with his or her prior advice, the President of India cannot use a suspensive veto.

• If the President refers a law to the Parliament for reconsideration, and the Parliament passes the bill again with no amendments, in that circumstance, the president is compelled to sign such a measure.

Pocket Veto

When the President decides not to vote on a measure proposed by the Parliament, this is referred to as the President's "pocket veto" authority. The President neither assents nor withholds the measures; instead, he chooses not to act on the bill.

The Indian Constitution has no provision for the President of India to use his pocket veto. In this sense, the Indian Constitution grants the President a greater pocket veto than any other constitutional democracy; for example, the President of the United States can only wield a pocket veto for 10 days.

Veto Power of the Governor

Article 200 of the Indian Constitution provides the power of veto to the Governor.

The governor may reserve the measure only if it deviates from and jeopardises the high court's stance; this indicates that the governor may retain the bill for himself if it deviates from the high court's position.

• Governors can reserve laws for approval by the President in numerous cases, such as the property bill, tax imposition measures, and others.

• The governor has no authority over the measure once it has been reserved by the President.

• The President has the authority to send any measure that the state legislature brings to him for approval back to the state, withhold it from consideration, or reject it. If the president does one of these things, the state legislature will have to resend the bill. As a result, states do not have the authority to overcome the president's veto.

Conclusion

The president of India has veto authority under Article 111 of the Indian constitution. The President of India has three veto rights over a measure passed by the parliament: an absolute veto, a suspensive veto, and a pocket veto. These veto rights, however, have significant restrictions. A money measure cannot be vetoed by the president using his suspensive veto authority. The President is obligated to sign a law if it arrives without amendments after he has forwarded it for review. The pocket veto, on the other hand, grants the president a significant amount of veto authority, which he may use whenever he deems necessary.

Frequently Asked Questions

Q1. In which case the president can use an absolute veto?

Ans. In two instances, the president uses absolute power. If the law is enacted as a private member's bill in parliament and the cabinet has misgivings about it, the president may be urged not to act on it. If the cabinet resigns before the measure is approved by the president, the law is rejected because the new government will not request that the bill be passed.

Q2. Is the President's Veto Power a discretionary power?

Ans. Article 74 states that the President may exercise this authority with the recommendation of a cabinet minister led by the Prime Minister. In such instances, he may exercise this power with judgment. Only with the recommendation of the cabinet may the President exercise this prerogative.

Q3. In which cases can the president exercise the pocket veto?

Ans. A "pocket veto" is used when the president does not wish to act on a measure passed by parliament, hence the bill is withheld.

Q4. What is the difference between an absolute veto and a pocket veto?

Ans. The President has an absolute veto authority, which means that he can refuse to accept or reject a law. As a result, the bill is declared dead because it cannot be passed without the President. However, with pocket veto authority, the president does nothing, and the law remains pending forever.

Q5. What Article gives the President the right to veto a bill passed by the state legislature?

Ans. Article 201 of the Indian Constitution gives the President of India the authority to act on a state legislature bill when the governor of that state reserves it for his consideration.

Q6. Which president of India used veto power?

Ans. Zail Singh, India's President from 1982 to 1987, used a pocket veto to keep the Indian Post Office (Amendment) Bill from becoming law.