President's Power: Returning Constitutional Amendment Bills

The President of India has three options when a bill is forwarded to them by the central or state legislature: they can assent to the bill, withhold their assent, or return the bill for reconsideration. However, in the case of constitutional amendment bills, the President must give their assent. If a bill is returned for reconsideration by the Houses and it is passed again with or without the President's recommendations, the President must give their assent.

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The President must give assent to a constitutional amendment bill

The President plays a crucial role in the legislative process, as no bill can become a law without their assent. The President can either assent to a bill, withhold their assent, or return the bill for reconsideration, depending on the type of bill. In the case of a constitutional amendment bill, the President must give their assent if it is passed by Parliament by a special majority. This is because a constitutional amendment bill involves changing the fundamental structure of the Constitution, which is the supreme law of the land.

Article 111 of the Constitution of India outlines the process of assent to bills. It states that the President may, as soon as possible or within six weeks after a bill is presented to them for assent, return the bill to the Houses if it is not a Money Bill. The President can request that the Houses reconsider the bill and consider any amendments that the President may recommend. However, if the bill is passed again by the Houses, with or without amendments, and presented to the President for assent, the President cannot withhold their assent.

The President's role in the legislative process is, therefore, primarily to review and provide assent to bills passed by Parliament. The President's power to return a bill for reconsideration is limited, and they must give their assent to a constitutional amendment bill that has been duly passed by Parliament. This ensures that the legislative process runs smoothly and that the President's role is exercised within the framework of the Constitution.

It is important to note that while the President has a role in the legislative process, the actual power to amend the Constitution lies with Parliament. The mechanism for amending the Constitution is outlined in Article 368 of the Constitution. This article gives Parliament the unrestricted power to amend any provision of the Constitution, including Part III, which deals with fundamental rights. However, the Supreme Court has ruled that Parliament cannot modify the Constitution's "fundamental structure".

In conclusion, while the President has a role in assenting to bills, including constitutional amendment bills, the actual power to amend the Constitution rests with Parliament. The President must give their assent to a constitutional amendment bill passed by Parliament, ensuring that the legislative process is completed and the bill becomes law.

The President can return a bill for reconsideration

The President's role in the passage of a bill is to either assent to the Bill, withhold assent, or return the Bill for reconsideration. This process is outlined in Article 111 of the Constitution of India, which regulates the President's assent to Bills. The President's ability to return a bill for reconsideration is dependent on the type of bill. Money Bills, for example, cannot be returned to the House by the President for reconsideration, and the President is required to give assent to these bills.

In the case of constitutional amendment bills, the President must also give assent. According to Article 368, Parliament has the unrestricted power to change any provision of the Constitution, including fundamental rights. However, if a constitutional amendment bill is found to be in violation of the basic structure of the Constitution, as outlined in the Kesavananda Bharati v. the State of Kerala case, it will be quashed by a Constitutional Bench of the Supreme Court.

During the drafting of Article 111, there was discussion around the timeframe within which the President should return a bill for reconsideration. The Chairman of the Drafting Committee suggested replacing "not later than six weeks" with "as soon as possible," while another member proposed "as soon as may be" to allow the President more time to respond. Amendments were also moved to make it mandatory for the President to assent to a Bill if it was passed by Parliament a second time, and to provide for the dissolution of the House of the People and fresh elections if the President refused to provide assent.

The President cannot return a money bill

In India, a bill becomes a law if it is passed by both Houses of Parliament and receives the President's assent. The President has three approaches to a bill forwarded to him by the central or state legislature. He can either assent to the bill, withhold his assent, or return the bill for reconsideration. However, this does not apply to Money Bills. The President may give or withhold his assent to a Money Bill, but he cannot return it to the House for reconsideration.

Article 111 of the Constitution of India, which regulates the President's assent to Bills, states that the President may, as soon as possible after the presentation of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they reconsider the Bill or any specified provisions. The Houses shall reconsider the Bill accordingly, and if the Bill is passed again with or without amendments, the President shall not withhold assent.

The President's role in the bill-passing process is important, but it is primarily ceremonial in the case of Money Bills. The President does not have the power to return Money Bills for reconsideration. This restriction on the President's power is designed to maintain the balance of powers between the executive and legislative branches of the government. It ensures that the President cannot unilaterally block or delay the implementation of financial measures approved by the Parliament.

It is important to note that while the President cannot return a Money Bill, he still plays a crucial role in the process. The President can either give or withhold assent to a Money Bill. If the President withholds assent, it can trigger a constitutional crisis and lead to impeachment proceedings if the Parliament believes the President is acting in violation of the Constitution.

In conclusion, the President of India cannot return a Money Bill for reconsideration by the Houses. This restriction is outlined in Article 111 of the Constitution and ensures that the President's powers regarding financial legislation are limited. The President must either assent to or withhold assent from a Money Bill, and this decision can have significant implications for the relationship between the executive and legislative branches of the government.

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The President has three approaches to a bill

Secondly, the President may, within six weeks, return a bill (except a Money Bill) to the Houses with a message requesting that they reconsider the bill or specific provisions and consider any amendments the President may recommend. The Houses shall then reconsider the bill accordingly.

Thirdly, if a bill is passed again by the Houses with or without amendments and presented to the President for assent, the President cannot withhold their assent. This means that if the President returns a bill for reconsideration, and it is passed again with or without their recommendations, they must give their assent.

It is important to note that the President's role in the legislative process is primarily formal and ceremonial. While they have the power to return a bill for reconsideration, they cannot veto it outright. Additionally, the President is bound to act on the advice of the Council of Ministers, which effectively limits their discretion in the legislative process.

The President's assent is required for a bill to become an act

In the United States, a bill becomes a law if it is signed by the President. The President can veto the bill, in which case it is sent back to Congress, along with a note listing their reasons for doing so. Congress can then attempt to override the veto by a two-thirds majority vote in both chambers. If this occurs, the bill becomes law without the President's signature. If Congress is not in session and the President does not sign the bill within 10 days, the bill does not become law. This is known as a "Pocket Veto."

In both systems, the President plays a crucial role in the legislative process, either by directly assenting to a bill or by approving a bill that has been passed by both houses of the legislature. This highlights the importance of the executive branch's role in law-making, which serves as a check against the legislative branch's power.

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