The President of the Indian Republic has
A. Only suspensive veto
B. Absolute veto
C. Pocket veto
D. None of these
Answer: Option A
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ADDITIONAL INFORMATION
->A P J Abdul Kalam was the first to
use the President's power to return a
bill to parliament. (Suspensive Veto)
○ In the year 2006, the Office of
Profit Bill, 2006 was passed by
the Parliament
The bill enacted a self-serving
piece of legislation that
protected members from
disqualification with
retrospective effect.
The then President A. P. J.
Kalam used Suspensive Veto
and returned the Bill. However,
the Bill was sent back to
President again and was finally
approved.
->President Giani Zail Singh exercised
a pocket veto to prevent the Indian
Post Office (Amendment) Bill from
becoming law.
The veto power enjoyed by the Executive can be classified into 4 categories:
Absolute Veto– It means withholding assent to the bill passed by the legislature.
Qualified Veto– It can be overridden by the legislature with a higher majority.(not applicable in India)
Suspensive Veto– It can be overridden by the legislature with an ordinary majority.
Pocket Veto– It means taking no action on the bill passed by the legislature.
The President of India is vested with three types of Veto Power:
Absolute Veto,
Suspensive Veto, and
Pocket Veto.
Note: The President of India does not possess a Qualified Veto. However, the American President possesses a Qualified Veto.
The constitutional provisions regarding the Veto Power of the President of India are as follows:
Article 111: deals with the President’s veto power over a bill passed by the Parliament.
Article 201: deals with the President’s veto power over bills passed by the State Legislatures and which are reserved for the consideration of the President.
Explanation
The Absolute Veto refers to the power of the President to withhold his assent to a bill passed by the Parliament. In this case, the bill ends and does not become an Act.
The Absolute Veto is exercised in the following two cases-
in the case of a Private Member’s Bill (i.e. a bill introduced by any member of the Parliament who is not a minister)
in the case of a Government Bill when the Cabinet, that got the bill passed, resigns, and the new Cabinet advises the President not to give his assent to the bill.
The Suspensive Veto refers to the power of the President to return a bill for reconsideration by the Parliament.
If the bill is passed again by Parliament with or without amendments and again presented to the President, it is obligatory for the President to give his assent to the bill.
It is to be noted that the Suspensive veto is not available in the case of Money Bills.
The President has to either give his assent or withhold his assent to a Money bill, but cannot return it for the reconsideration of the Parliament.
Normally, the President gives his assent to a Money bill as it is introduced in Parliament with the previous permission of the President.
Pocket Veto
The Pocket Veto refers to the power of the President to neither ratify nor reject nor return the bill but simply keep the bill pending for an indefinite period.
The Constitution of India does not prescribe any time limit within which the President of India has to make the decision w.r.t. a bill presented to him/her for his/her assent. In the USA, on the other hand, the President has to return the bill for reconsideration within 10 days.
Thus, it is said that the pocket of the Indian President is bigger than that of the American President.
Presidential Veto over State Legislation:
The President has veto power with respect to state legislation also. Hence, statement (IV) is correct.
A bill passed by a state legislature can become an act only if it receives the assent of the governor or the President (in case the bill is reserved for the consideration of the President).
When a bill, passed by a state legislature, is presented to the governor for 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.
Note: The President has no Veto Power in respect of a Constitutional Amendment Bill. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his assent to a Constitutional Amendment Bill.