Veto refers to the power which is typically given to the presidential part of the government. It alludes to the ability to stop or the capacity of the association to dismiss any enactment taken by an authoritative branch or passed by a lion’s share in the administrative part of the government. Even though in numerous nations this framework follows yet a few nations like the United State’s authoritative gathering can supersede this veto intensity of the presidential branch. They can do as such if Congress can abrogate the veto by getting a 66% vote in support of its.
Notwithstanding, in present-day days, a large portion of the leader parts of the administrations of the world appreciates four sorts of veto powers. Out of these four, the Indian President has been vested with three forces which are specifically Absolute Veto, Suspensive Veto, and Pocket Veto. The Indian President despises the intensity of Qualified Veto. It is, be that as it may, controlled by the American president.
In this article, we will examine the three veto forces of the President of India. At the point when the President of our nation has been sent a bill which was presented and passed by the two places of the Parliament, he can do one of three things which are referenced in Article 111 of the Constitution of India. These three options are as per the following:
- The President may give his approval to the bill.
- The President may withhold his approval to the bill.
- The President may return the bill for reconsideration of the Parliament if he is not satisfied with any one or more of its characteristics.
In any case, if a similar bill is passed by the Parliament once more, with or with no alterations at that point, all things considered, the President must give his endorsement to the bill. Notwithstanding, on account of cash charges, the President can’t restore the bill to the parliament for reexamination. He can either acknowledge the cash bill or reject it.
This implies in the event of a cash charge no Suspensive Veto power is accessible with the President. He can practice Absolute Veto in the event of Money bills. The principle means to vest this sort of intensity with the Indian President is to forestall rushed enactment by the Parliament and to forestall any such bills or strategies which are infringing upon the constitution.
The three kinds of veto control that the President of India appreciates, they are:
Absolute Veto :
Absolute Veto means that by using this power the President of India can withhold his approval to any bill which has been passed by the parliament. Once the President withholds his assent to the bill, it dies and does not become an actor. Generally, absolute Veto is used in two cases:
- The bills which are introduced by any member of the Parliament, who is not a Minister known as the private bills.
- The bills which are passed by the government but before the President could give his assent, the cabinet has resigned and the new cabinet advises the president not to follow through by giving his assent to those bills.
For instance, in 1954 during the PEPSU allotment charge, the then-president Dr. Rajendra Prasad retained his consent. The PEPSU appointment bill was passed by the Parliament during the President’s standard in the territory of PEPSU ( Patiala and East Punjab States Union). At the point when the President was given this, he retained held his consent and eliminated the President’s standard.
Again in the year 1991, when R Venkataraman was President of India he additionally retained his consent to the compensation, remittances, and annuity of individuals from Parliament bill. This bill was passed on the most recent day before the Lok Sabha was broken down and presented without looking for an earlier proposal from the President of India.
Suspensive Veto :
As the name proposes Suspensive Veto is an intensity of the President by which the President can suspend the death of a bill by returning it to the parliament for reevaluation. If the bill is again passed by the Parliament either with or with no revision or changes and afterward again introduced to the President, this time the President needs to give his consent.
As it were, the veto intensity of the President is abrogated when the Parliament passes the bill again by a similar straightforward larger part. Nonetheless, in the United States of America, a higher greater part is needed to abrogate the president Veto on a bill. If it is a cash charge, at that point the President can’t practice Suspensive Veto on it. All things considered, the President can either favor the bill and make it a demonstration or retain his endorsement, yet can’t restore the cash bill to the Parliament for reexamination. Generally, the President is destined to give his consent to a cash bill as each cash bill requires an earlier endorsement from the president before it is presented in the parliament.
Pocket Veto :
Pocket Veto is the power of the President in which he neither approves a bill nor does he return it for reconsideration. The president simply keeps the bill pending for as long as he likes. By doing this the President does not take any positive or negative action on the bill. This is possible because the Indian Constitution does not provide for any specific period in which the President has to take action on a bill presented to him for his assent. However, in the United States of America, the President is mandated to return the bill within 10 days of submission for reconsideration. The pocket Veto of the Indian President is bigger than that of the American President.
However, the 24th Constitutional Amendment Act of 1971 provided that the President cannot use his veto power whenever a Constitutional Amendment Bill is presented to him for his assent.
Presidential Veto over State Legislation
The President also has veto power on legislative bills. Whenever a Bill is passed by a state legislature, it can only become an act or law after the approval of the Governor. In case the Governor of the state reserves the bill for the approval of the President the said bill cannot become an act without the approval of the President.
According to Article 200 of the Indian Constitution, whenever a bill which has been passed by the state legislature is presented to the governor of the state, he has four alternatives:-
- The Governor may give his approval to the bill.
- The Governor may hold his assent to the bill.
- The Governor may return the bill to the state legislature for their reconsideration. This can only be done if the bill is not a money bill.
- The Governor also has an option to the reserve the bill for the consideration of the President
As the name recommends Suspensive Veto is an intensity of the President by which the President can suspend the death of a bill by returning it to the parliament for reexamination. If the bill is again passed by the Parliament either with or with no correction or changes and afterward again introduced to the President, this time the President needs to give his consent.
- As it were, the veto intensity of the President is abrogated when the Parliament passes the bill again by a similar straightforward dominant part. Be that as it may, in the United States of America, a higher greater part is needed to supersede the president Veto on a bill. On the off chance that it is a cash charge, at that point the President can’t practice Suspensive Veto on it.
- All things considered, the President can either favor the bill and make it a demonstration or retain his endorsement, yet can’t restore the cash bill to the Parliament for reevaluation. Ordinarily, the President is destined to give his consent to a cash bill as each cash bill requires an earlier endorsement from the president before it is presented in the parliament.
In other words, the legislature cannot override the veto power of the President unlike the Parliament which has the power to override the president Suspensive Veto by passing the bill again. Moreover, no provision in the Indian Constitution provides for a duration of time in which the President has to decide on this bill. Therefore the President can also use his pocket veto power concerning the state legislature.