3/23/2023 0 Comments Pocket vetoA Bill passed by a State Legislature can become an act only when it receives the assent from Governor, or the governor can reserved the bill for the consideration of the President. The President can exercise veto powers even in the State Legislation. However, the Money bill is presented in the Parliament only with his previous permission. The President cannot exercise this veto in case of money, either he can give his assent or withhold his assent but cannot return it for reconsideration. In this case, the presidential veto is overridden by same ordinary majority, unlike USA, where high majority is needed to override veto. However, if 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 to the bill. The President exercises this veto when he returns the bill back to the Parliament for reconsideration. While in Unites States, a two-third vote in both the House Senate can override Presidential veto. However in India there are almost no cases of absolute veto. Absolute VetoĪbsolute veto is when the President or the officials of Executive refuses assent to any bill passes by the legislature. It was used to prevent the Indian Post Office (Amendment) Bill from becoming law. He was the President of India from 1982 until 1987. Pocket veto has only been exercised once in the history of Republic by Giani Zail Singh. However, if the President previously had vetoed a bill and had sent it back to the parliament and if such a veto gets overruled by another parliamentary vote, then such a bill becomes an act within fourteen days of the President’s receiving it. In India, article 111 of the Indian constitution states that the President shall give his assent to a bill passed by both Rajya Sabha and Lok Sabha and shall return the bill as soon as possible for reconsideration and with his suggestions.īy keep postponing the bill, it gets vetoed. If these conditions prevail, the President is bound to give his assent to the bill within a fixed time period. In this case, the President can send the bill back to the parliament with suggested amendments but the Parliament is not legally bound to accept the amendments and may send the bill back. Pocket veto allows the President or Executive officials for taking ‘no action’ rather than vetoing the bill. The president cannot exercise a pocket veto on a financial or a constitutional amendment bill. The discussion over a bill then further stops, since it has not been sent back with suggested recommendations. Therefore, by delaying the bill or taking no action against the bill, the President can functionally exercise veto power. Under this veto, the President is not bound within time frames to give his assent to a bill when it is sent for the first time. Hence, of the above four, President of India is vested with three- that is, pocket veto, absolute veto, and suspensive veto.We will know about each veto one by one. Suspensive veto- which can be overridden by the legislature with an ordinary majority.Under this veto, a bill becomes law when it gets a 2/3 majority, even before the president gives his assent.) (It is not present in the case of the Indian President it is enjoyed by the American president. Qualified veto- which can be overridden by the legislature with a higher majority.Absolute veto- withholding assent to the bill passed by the legislature.Pocket veto- taking, no action on the bill passed by the legislature.The veto power enjoyed by the Executive are classified into four types In that case, President has to give his assent to the bill, mandatorily, or if still the bill does not get assent of the president, it becomes law after 14 days. However, the parliament is under no obligation of these, if Legislature does not feel the need for any amendments, the bill is sent back to President without considering any suggestions from the executive. President can send the bill back to the Legislature for amendments. – absolute, suspension and pocket.Ī bill sent by parliament can only become an act when it is passed by the executive. In India, the President has three veto powers, i.e. What happened with INDIA? Why India does not have veto power?.
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