Veto Powers of the President of India.
President of India posses three main veto powers, that are follows-
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| Veto Powers of the President of India given Indian Constitution |
1. Absolute Veto
2. Pocket Veto
3. Suspensive Veto
(there are another qualified veto which American President posses which can be overridden by the legislature with a great majority.)
1. ABSOLUTE VETO
This veto is used by president when, he wants to withhold any bill, by which bill does not become an act.
This Veto is exercise in the following cases:
with respect to private member’s bills (i.e, bills introduced by any member of Parliament who is not a minister).
With respect to the government bills when the cabinet resigns (after the passage of the bills but before the assent by the President) and the new cabinet advises the President not to give his assent to such bills.
[Use of absolute veto;
First, in 1954, President Rajendra Prasad withheld his assent to the PEPSU Appropriation bill. The bill was passed by the Parliament when the President’s Rule was in operation in the state of PEPSU. But, when the bill was presented to the President for his assent, the President’s Rule was revoked.
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| President Dr. Rajendra Prasad withheld his assent to the PEPSU Appropriation Bill by using Absolute Veto Power. |
Second, in 1991, President R Venkataraman withheld his assent to the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill. The bill was passed by the Parliament (on the last day before dissolution of Lok Sabha) without obtaining the previous recommendation of the President.]
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| In 1991, President R Venkataraman withheld his assent to the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill |
2. SUSPENSIVE VETO
The President exercises this veto when he returns the bill for reconsideration of the Parliament. However the bill is passed again by the Parliament with or without amendments and again presented to the President, it is obligatory for the President to give his assent of the bill. This bill is not used by any President of India, due to its overridden nature.
This means that the presidential veto is overridden by a re-passage of the bill by the same ordinary majority (and not a higher majority as required in USA).
[Note: The president does not possess this veto in the case of money bills.]
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. This power of the President nor to take any action (either positive or negative) on the bill is known as the pocket veto.
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 his for his assent.
In 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.
[Use of Pocket Veto
Pocket Veto is used by President Zail Singh in 1986, respect to the Indian Post Office (amendment) Bill. The bill, passed by the Rajiv Gandhi Government, imposed restrictions on the freedom of press and hence, was widely criticized. After three years, in 1989, the next President R Venkataraman sent the bill back for reconsideration, but the new National Front Government decided to drop the bill.]
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| Pocket Veto is used by President Zail Singh in 1986, respect to the Indian Post Office (amendment) Bill. |
[Note: It should be noted that the President has no veto power in respect of a constitutional amendment bill. The 24th Constitutional Amendment Act of 1973 made it obligatory for the President to give his assent to a constitutional amendment bill.]
4. PRESIDENTIAL VETO OVER STATE LEGISLATION
The President of India can perform veto over any bill passed in state legislative. And bill can only become an act with assent of the Governor or the President.
When a bill passed in a state legislature, and presented before governor to give his assent, he has four alternatives (under Article 200 of the Constitution)-
He may give his assent to the bill, or
He may withhold his assent to the bill, or
He may return the bill (if it is not a money bill) for reconsideration of the state legislature, or
He may reserve the bill for the consideration of the President.
When a reserved bill presented before the president, then President has three alternatives (under Article 201 of the Constitution)-
He may give his assent the bill, or
He may withhold his assent to the bill, or
He may direct the governor to return the bill (if it is not a money bill) for the reconsideration of the state legislature. If the bill is passed again by the state legislature with or without amendments and presented again to the President for his assent, the President is not bound to give his assent to the bill.
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| President of India with, Governor and CM of Maharashtra. |
This means that the state legislature cannot override the veto power of the President. Further the Constitution has not prescribed any time limit within which the President has to take decision with regard to a bill reserved by the governor for his consideration.
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