Power of President of India to withhold assent
In India the President can hold his assent to a bill in the following circumstances:
If it is an ordinary Bill
In case of an ordinary bill or a bill got introduced by a private member and passed by both houses, the president can just withhold assent. It is similar to the Pocket Veto in US.
If it is a constitution amendment Bill
The President of India enjoyed absolute veto on Constitutional amendment till 1971 only. The article 368 (2) before 1971 stated: ….it, shall be presented to the President for his assent and upon such assent being given to the bill , the constitution shall stand amended. However, the situation changed in 1971.
The above clause was changed as follows by Constitution 24th Amendment Act, 1971: …..it, shall be presented to the President who shall give his assent to the Bill and thereupon. This means that now, Constitutional amendments cannot be questioned by the president or any court of law. However, the Basic Structure of the Constitution still remains under the Judicial Review, in case of such amendment violates the basic structure.
If it a money bill
The President may either give or withhold his assent to a Money Bill. Under the Constitution, a Money Bill cannot be returned to the House by the President for reconsideration.
Topics: Basic Structure Doctrine • Constitution of India • Constitution of the United States • Constitutional amendment • Law • Law in India • Lawmaking procedure in India • Parliament of India • Pocket veto • President of India • Veto • Westminster system
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