Veto Power of President of India in Article 111 of the Constitution

The Veto Power of President of India as provided in the Article 111 of the Constitution of India forms an important part in UPSC and other competitive exams. Veto is a constitutional right that allows a head of state, often the president, to reject a decision or proposal made by a legislative body. Veto power is meant to act as a check and balance in the government system.

Veto Power of President of India and Article 111 of the Constitution of India

When a bill is passed in the Parliament, it is sent to the President for his/her assent. A bill will become an Act only after it has been signed by the President. When the President receives a bill, he/she has primarily four options.

(i) The President gives assent to the bill.

(ii) The President withholds assent and returns the bill.

(iii) The President may provide some suggestions or amendments to the bill and return the bill for reconsideration.

(iv) The President neither gives assent nor denies the assent but keeps the bill.

Article 111 of the Constitution provides

Meanwhile, Article 74 of the Constitution also lays down that there shall be a Council of Ministers headed by the Prime Minister to aid and advise the President. And the President shall act based on the aid and advise provided by the Council of Ministers.

Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.

Types of Veto Power of President of India

Thus, the President gives assent to most of the bills. However, as per Article 111, the President may withhold assent, return the bill, or not act on the bill. Thus, he uses his veto power to override the legislative. Therefore, there are three Veto Power of President of India.

1. Absolute Veto Power

2. Suspensive Veto Power

3. Pocket Veto Power

Objective Behind Veto Power of President of India

The framers of the Constitution were visionary and could foresee some scenarios where the President is required to have some veto power. There are two objectives behind conferring veto power of President of India.
(i) To prevent the legislature from hasty and ill-considered legislation.
(ii) To prevent legislation which are not in the spirit of the Constitution of India.

1. Absolute Veto Power of President of India

When the President withholds his assent and does not provide assent even after the bill has been passed by the Parliament, it amounts to the exercise of the ‘Absolute Veto’ power of the President. Thus, as per Article 111 of the Constitution, the President has the Absolute Veto to withhold assent to any bill.

In what scenarios does the President Exercise the Absolute Veto Power?

Typically, there are two scenarios when a President can exercise Absolute Veto power.

(i) Private Member Bills: Since, as per Article 74, the President must act on the aid and advise of the Council of Ministers, this means that he does not have the power to withhold assent to the bills initiated by the government. He can exercise an absolute veto only on Private Member bills, i.e. bills introduced by a member who is not a member of the Cabinet.

(ii) Change of Cabinet / Government: When a bill has been introduced by the government, however by the time the bill reaches the President for his approval, the Cabinet resigns. So, the possibility could be that the new Cabinet may not advise the President to give assent. So, in such a scenario, the President in the exercise of Absolute Veto withholds assent to the bill.

When did the President exercise the Absolute Veto Power?

Historically, there have been two instances when Absolute Veto Power of President of India was exercised.

(i) In 1954 by President Dr. Rajendra Prasad: The Patiala and East Punjab States Union (PEPSU) was a state of India, uniting eight princely states between 1948 and 1956. The capital and principal city was Patiala. In 1954, President Dr. Rajendra Prasad exercised his authority by withholding assent to the Patiala and East Punjab States Union (PEPSU) Appropriation Bill. The Parliament had approved the bill when there was President’s Rule in the state of PEPSU. However, when the bill reached the President for his assent, the President’s Rule had been revoked. Hence, the President exercised an Absolute Veto and withheld the assent to the bill.

(ii) In 1991 by President R. Venkataraman: Similarly, in 1991, President R. Venkataraman withheld assent to the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill. The bill had been passed by the Parliament on the last day before the dissolution of the Lok Sabha, and crucially, it did not have the prior recommendation of the President, a procedural requirement for such legislation. Hence, the President exercised an Absolute Veto and withheld the assent to the bill.

2. Suspensive Veto Power of President of India

When a bill is presented to the President, he may provide some suggestions or amendments to the bill and return the bill for reconsideration by the Parliament. Thus, in a way, he has the power to suspend the bill, at least temporarily. This is termed Suspensive Veto Power, which is per Article 111 of the Constitution.

However, if the bill is a Money Bill, then the President does not have the Suspensive Veto power. In the case of the Money Bill, the President does not have the power to provide suggestions and return the bill for reconsideration.

When the bill has been returned by the President for reconsideration by the Parliament, then the Parliament may take up the bill with or without the amendments or suggestions made by the President. The Parliament may pass the bill with or without changes by a simple majority and send it again to the President for his assent. When the President receives the bill, this time he is bound to provide assent to the bill and cannot exercise the veto.

When did the President exercise the Suspensive Veto Power?

Historically, there has been only one instance when the Suspensive Veto Power of President of India was exercised.

(i) In 2006 by President A.P.J. Abdul Kalam: In 2006, a bill known as the Parliament (Prevention of Disqualification) Amendment Bill 2006 was introduced during the tenure of Prime Minister Manmohan Singh. The bill prevented the disqualification of Members of Parliament from holding offices of profit. Hence the bill also came to be popularly known as the Office of Profit Bill.

Article 102(1) (a) of the Constitution provides that a person shall be disqualified from being a member of either House of Parliament if he holds any office of profit under the Government of India or the government of any State other than an office declared by Parliament by law not to disqualify its holder.

The Bill provides in essence that the members who are currently holding offices of profit under the Central Government or any state government (individuals holding known and listed “offices”) shall not be disqualified from being members of Parliament since Parliament has retrospectively declared by law that the office of profit, they so hold would not disqualify the holder.

The bill was passed by the Parliament and presented to President A.P.J. Abdul Kalam for assent. Former MP and eminent jurist Fali Nariman criticized the bill and urged President A.P.J. Abdul Kalam not to sign the Bill.

President A.P.J. Abdul Kalam in exercise of the Suspensive Veto Power returned the bill to the Parliament for reconsideration. The Parliament passed the bill again overlooking the reconsideration made by the President. The bill was again presented to the President for his assent. Constitutionally, this time President was bound to give assent to the bill. President A.P.J. Abdul Kalam gave assent to the Parliament (Prevention of Disqualification) Amendment Bill 2006 in August 2006 without any delay.

3. Pocket Veto Power of President of India

When a bill is presented to the President for his assent, he may require some time to consult the opinion of experts, or judiciary, or the government before making any decision to give assent, withhold assent, or return for reconsideration. It is to be noted that the Constitution does not give any time limit to the President within which he has to act upon the bill. Therefore, the President can keep a bill for an indefinite time. This is termed a ‘Pocket Veto’.

Thus, a President while exercising the Pocket Veto Power as provided in Article 111 of the Constitution keeps the bill for an indefinite period without deciding on the bill.

When did the President exercise the Pocket Veto Power?

Historically, there has been only one instance when Pocket Veto Power of President of India was exercised.

(i) In 1986 by President Zail Singh: In 1986, President Zail Singh employed the Pocket Veto to the Indian Post Office (Amendment) Bill, 1986. This bill, passed by the Parliament during Prime Minister Rajiv Gandhi’s period, authorized the Government to censor personal mail. The bill garnered public criticism for imposing restrictions on press freedom. President Singh’s decision to keep the bill pending allowed for a de facto rejection without explicit disapproval.

Later, in 1989, President R. Venkataraman revisited the bill and sent it back for reconsideration. However, the new National Front government led by Prime Minister V.P. Singh opted to discard the bill.

No Veto Power of President of India in Constitutional Amendment Bills

As per provisions made in the Constitution (Twenty-fourth Amendment) Act, 1971, which made it obligatory for the President to give his assent when a Constitution Amendment Bill was presented to him. Thus, the Veto Power of President of India is not available when a Constitutional Amendment Bill is presented to him for his assent.

Types of Bills and Corresponding Veto Power of President of India

Possible actions that President can take on different types of bills and their corresponding veto is listed below.

For Veto Power of President of India and USA read.

Also read: 5 Best books for Indian Polity and Governance and  The Constitution of India