Simone Lawson
The President's assent to bills is governed by Article 111 of the Indian Constitution, which marks the final step in the legislative process. When it comes to constitutional amendment bills, the President is required to give their assent. If a constitutional amendment bill violates the basic structure of the Constitution, the Supreme Court will quash it. While the President does possess the power of veto, allowing them to reject a bill, this does not apply to constitutional amendment bills. In the case of these bills, the President cannot withhold or return them, and they become Constitutional Amendment Acts, altering the Constitution in accordance with their provisions.
| Characteristics | Values |
|---|---|
| Can the President reject a constitutional amendment bill? | No, the President cannot reject a constitutional amendment bill. The President's assent is mandatory. |
| What happens if the bill violates the basic structure of the Constitution? | The Constitutional Bench of the Supreme Court will quash it. |
| Can the President reject other types of bills? | Yes, the President can reject other types of bills. |
| What are the options available to the President when presented with a bill? | Assent, Withhold Assent, Return for Reconsideration, and Absolute Veto. |
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What You'll Learn
The President's power of veto
In India, the President does not have the power to veto a constitutional amendment bill. If a constitutional amendment bill is passed by both Houses of Parliament, the President must give their assent. However, the President does have the power to reject other types of bills. If the President chooses to reject a bill on their own accord, it is called a pocket veto. The President can return a bill to the Houses and request that they reconsider it, but if the bill is passed again, the President must give their assent.
In the United States, the President does have the authority to veto legislation passed by Congress, according to Article I, Section 7 of the US Constitution. This power is one of the President's most significant tools to prevent the passage of legislation. The President has 10 days, excluding Sundays, to act on legislation, after which it automatically becomes law. There are two types of vetoes: the "regular veto" and the "pocket veto".
A regular veto is a qualified negative veto, where the President returns the unsigned legislation to the originating house of Congress within 10 days, usually with a memorandum of disapproval or a "veto message". Congress can override the President's decision with a two-thirds vote in both houses.
The pocket veto is an absolute veto that cannot be overridden. It occurs when Congress adjourns before the 10-day period is up, preventing the President from returning the legislation with a veto. In this case, the President simply does not act, and the bill does not become law.
The power of the pocket veto has been a source of controversy and debate between Congress and the President. While the President has attempted to use the pocket veto during intra- and inter-session adjournments, Congress has denied this use, asserting that the Executive Branch may only pocket veto legislation when Congress has adjourned sine die from a session.
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The President's mandatory assent
The President's role in the legislative process is governed by Article 111 of the Indian Constitution. This article outlines the President's power of veto, which gives them three options when presented with a bill passed by Parliament. Firstly, they can give their approval to the bill, leading to its enactment as a law. Secondly, they can withhold their assent, refusing to sign the bill and preventing it from becoming law. Thirdly, they can return the bill (if it is not a Money Bill) to Parliament for reconsideration. If Parliament passes the bill again, with or without amendments, the President is bound to give their assent.
While the President has the power to veto a bill, this power is not absolute. If the President returns a bill for reconsideration by the Houses, and it is passed again, the President must give their assent. This process underscores the checks and balances within the Indian legislative system, ensuring that the President's power is not unilaterally imposed but is subject to parliamentary oversight.
In the rare instance of a bill being in violation of the basic structure of the Constitution, the Supreme Court can intervene. A Constitutional Bench of the Supreme Court will quash the bill, even after it has received the President's assent. This provision further strengthens the system of checks and balances, ensuring that the Constitution remains the supreme law of the land.
The President's role in the legislative process is, therefore, a crucial aspect of India's democratic framework. While the President has the power to veto bills, this power is balanced by the mandatory assent required for Constitutional Amendment Bills and the possibility of parliamentary reconsideration and Supreme Court intervention.
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Impeachment proceedings against the President
In India, if the Parliament believes that the President is acting in violation of the Constitution, it can initiate impeachment proceedings against him. While the President can reject a bill on his own accord, this power does not extend to constitutional amendment bills, to which the President must give assent.
The impeachment process varies across different nations, but generally, it involves the lower house of the legislature bringing charges against the President and the upper house trying these charges. For example, in the United States, the House of Representatives has the sole power to impeach federal officials, while the Senate is the sole court for impeachment trials. In Brazil, any citizen can bring an accusation of a responsibility crime against the President, but the president of the Chamber of Deputies holds the prerogative to accept the charge.
Once the charges are accepted, an extraordinary committee is established, consisting of members from each political party in proportion to their party's membership. The committee assesses the need for impeachment proceedings, and the President is given ten parliamentary sessions to present their defence. Following this, two legislative sessions are held to allow for the formulation of a legal opinion by a rapporteur regarding whether or not impeachment proceedings should be initiated. The rapporteur's opinion is then put to a vote within the committee, and if accepted, it is deemed adopted. If the opinion is rejected, the committee adopts an alternative opinion proposed by the majority.
For impeachment proceedings to be authorised, the Chamber of Deputies must issue a call-out vote to accept the committee's opinion, requiring a supermajority of two-thirds in favour of impeachment. If this vote passes, the President is suspended from office, and the Senate proceeds with a trial.
In the United States, the House of Representatives charges an official of the federal government by approving articles of impeachment through a simple majority vote. The Senate then tries the official for "Treason, Bribery, or other high Crimes and Misdemeanors." In Brazil, the Senate must also vote for impeachment by a two-thirds majority, as in the case of Dilma Rousseff, who was impeached in 2016 for budgetary mismanagement.
In the Czech Republic, the process starts in the Senate, which has the right to impeach the President. The case is then passed to the Constitutional Court, which decides the verdict. If found guilty, the President is removed from office and barred from being elected President again.
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The role of the Houses
In the context of a constitutional amendment bill, the role of the Houses of Parliament is crucial. In India, a constitutional amendment bill must be passed by both Houses of Parliament before it can be presented to the President for assent. This process is outlined in Article 108(1) of the Constitution, which specifies the steps to be taken when a bill is passed by one House but rejected by the other or when the Houses disagree on amendments.
The Houses of Parliament in India, namely the Rajya Sabha (Upper House) and the Lok Sabha (Lower House), play a significant role in the passage of a constitutional amendment bill. A bill is typically introduced in one of the Houses and undergoes several stages of scrutiny and debate before being put to a vote. The members of the respective House discuss the merits and implications of the bill and can propose amendments to its various clauses.
The role of committees within each House is also important. Departmentally Related Standing Committees, for instance, examine bills referred to them by the Chair and make recommendations. These committees' reports are persuasive and can influence the government's decision-making process. Amendments can also be proposed by members of the committee during their clause-by-clause examination of the bill.
For a constitutional amendment bill to be adopted, a simple majority is required for motions, and a majority of the total membership of the House, with at least two-thirds of the members present and voting, is necessary for the adoption of effective clauses and motions for consideration and passage. This ensures that constitutional amendments receive broad support within the Houses.
Once a bill is passed by one House, it is sent to the other House for similar scrutiny, debate, and voting. If the bill is passed by both Houses without any amendments, it is then presented to the President for assent, as mandated by Article 111 of the Constitution. However, if there are disagreements between the Houses or amendments are made, the President may intervene to facilitate a joint sitting of both Houses to resolve the differences.
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The Constitutional Bench of the Supreme Court
In India, a bill becomes a law if it is passed by both Houses of the Parliament and receives the assent of the President. The President possesses the power of veto, giving them three options under Article 111 when presented with a bill passed by Parliament: they can assent, withhold assent, or return the bill for reconsideration. If the President withholds their assent, this is called a pocket veto. However, in the case of constitutional amendment bills, the President's assent is mandatory and they cannot withhold or return such bills.
If a bill is returned for reconsideration, the Houses may amend the bill or not before returning it to the President for assent. If the bill is passed again, with or without amendments, the President must give their assent.
In the case of a constitutional amendment bill, if the President's assent is given and the bill becomes a Constitutional Amendment Act, the government drafts guidelines and standards to operationalize the law. However, if the constitutional amendment bill is in violation of the basic structure of the Constitution, then a Constitutional Bench of the Supreme Court will quash it.
The role of the Constitutional Bench of the Supreme Court in this process is to review the constitutionality of the amendment bill and ensure that it does not violate the basic structure of the Constitution. If the bill is found to be in violation, the Constitutional Bench has the authority to quash it, preventing it from becoming law. This serves as a check and balance on the legislative power of Parliament and the President, ensuring that any changes made to the Constitution are in line with its fundamental principles.
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Frequently asked questions
No, the President cannot reject a Constitutional Amendment Bill. The President's assent is mandatory for such bills, and they cannot withhold or return them. Once passed by Parliament, these bills become Constitutional Amendment Acts, modifying the Constitution in accordance with their provisions.
The President's assent to a bill marks the final step in the legislative process. The President has the power to veto a bill, giving them three options under Article 111: assent, withhold assent, or return for reconsideration.
If the President withholds assent, they are exercising their power of veto, and the bill is rejected and does not become a law. This is called a pocket veto and has only been exercised once by an Indian President, by Zail Singh in 1986.
If the President returns a bill for reconsideration, it is sent back to the Houses, where it may be amended or left unchanged before being returned to the President for assent. If the bill is passed again by the Houses, with or without amendments, the President is bound to give their assent.
