When a bill is passed by the Parliament and presented to the President for assent, the President has three alternatives under Article 111 of the Indian Constitution:
- Give Assent: The President may give their assent to the bill, thereby allowing it to become an act.
- Withhold Assent: The President may withhold their assent to the bill, effectively vetoing it.
- Return the Bill: The President may return the bill (if it is not a money bill) to the Parliament for reconsideration. If the Parliament passes the bill again with or without amendments and sends it back to the President, the President must give their assent.
Types of Veto Power
The veto power enjoyed by the President can be classified into three types:
- Absolute Veto: The President withholds assent to the bill passed by Parliament. This effectively stops the bill from becoming law.
- Suspensive Veto: The President returns the bill to Parliament for reconsideration. If Parliament passes the bill again, the President must give their assent.
- Pocket Veto: The President takes no action on the bill, neither assenting nor withholding assent. There is no time limit within which the President must act.
Notable Example: In 1986, President Zail Singh exercised the pocket veto on the Indian Post Office (Amendment) Bill.
Constitutional Amendment Bills
The President has no veto power over constitutional amendment bills. The 24th Constitutional Amendment Act of 1971 requires the President to give their assent to constitutional amendment bills.
Presidential Veto over State Legislation
The President also has veto power over state legislation. When a bill is reserved by the governor of a state for the President's consideration, the President has three alternatives under Article 201 of the Constitution:
- Give Assent: The President may give their assent to the bill.
- Withhold Assent: The President may withhold their assent, effectively vetoing the bill.
- Return the Bill: The President may direct the governor to return the bill to the state legislature for reconsideration (if it is not a money bill). If the state legislature passes the bill again with or without amendments and sends it back to the President, the President is not obliged to give their assent.
This means the President's veto power over state legislation is absolute, as the state legislature cannot override the President's veto. There is also no time limit within which the President must decide on a bill, allowing them to exercise the pocket veto on state legislation.