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manoj@

do indian president really has power of absolute veto

Question

i am really confused about indian president having power of absolute veto as constitution says

 
Article 111 {Assent to Bills}
When a Bill has been passed by the Houses of Parliament, it shall be presented to the President,
and the President shall declare either that he assents to the Bill, or that he withholds assent there
from:
Provided that the President may, as soon as possible after the presentation to him of a Bill
for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting
that they will reconsider the Bill or any specified provisions thereof and, in particular, will
consider the desirability of introducing any such amendments as he may recommend in his
message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly,
and if the Bill is passed again by the Houses with or without amendment and presented to
the President for assent, the President shall not withhold assent there from.
 
According to me president can only do 3 things-
  1. assents to the Bill
  2. he withholds assent
  3. returns the bill

then where the question of saying NO to a bill arises.

 

please clarify this problem. thanks in advance.

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Article 111 {Assent to Bills}
When a Bill has been passed by the Houses of Parliament, it shall be presented to the President,
and the President shall declare either that he assents to the Bill, or that he withholds assent there
from:
According to me president can only do 3 things-
  1. assents to the Bill
  2. he withholds assent
  3. returns the bill

then where the question of saying NO to a bill arises.

"Withheld the assent" means reject the bill.... in case of a state bill sent to President assent or a private member's bill, President may withhold the assent. it's called absolute veto.

there is another kind of veto you missed to mention : pocket veto i.e don't do anything

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pinkal thanks for answering but i am still confused bcoz according to me withholding anything means stopping that thing for time being with chances of it being cleared in near future. For eg.  result of some students is withheld for some reason but it is declared after some time. So my basic understanding is that 'withholding' does not means 'denying or rejecting', it only means stopping it for sometime. So for me question remains the same whether president can say a blunt 'no' to a bill , according to constitution. 

If my understanding is wrong please correct me.

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I have already answered your question. keeping a bill for latter time is known as pockt veto. according to Google withhold means "Refuse to give(something that is due to or is desired by another)".don't use your meaning....  constitution doesn't uses simple language and only SC has power to interprete what it actually mean ......  ;)

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Laxmikanth and Basu says that Indian Presidents Veto power is combination of Absolute, Suspensive and Poket veto....

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First we all should know that President is a nominal head and the real heads are PM+council of Ministers  (Art-74. 

 

Bill will becomes legislation if it is passed and assented from president. in this process when both house passes the bill then bill comes to presidents table. he has 3 options

 

1--Give the assent

2---Withhold

3--Sent back--(If not money bill)

 

What is withhold.......?is it withholding a bill ends it life......?

Yes: it ends its life but he (president) does not have any discretionary power to do so. means he can withhold the bill if his council of ministers recommend him to do so.

 

Then when such situation arises........?

If loksabha dissolved (reason:expire of term, on the advice of PM+ministers......etc) after passing a bill and fresh elections were held in the country. In the election a new party comes to power and the sent bill (by old LS) lies on the table of Nominal boss but newly elected council of ministers+PM advice to withhold the bill, then he (nominal boss) have only two options either withhold or request for reconsidering such advice but the party (PM+Council of min) advice same second time then he should withhold ( absolute veto power )

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As per my knowledge President and Governor word used interchangeably always in Books. Governor reserves some bills for the consideration of president. Those bills only can president hold for indefinite period or reject out-rightly to reconsider or re re consideration by state legislature. If it is of any other bill except and other than money bill (becz assent taken first from presi and then intro in parli) presi can assent, withhold or return the bill. Here what we need to understand is withhold for assent has time limit (say 6 months for some type of bills). absolute veto is not at all giving assent and there is no time limit. 

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1. in case of bill other than money bill when president withelds it it means that the bill has ended and it does not become an act......here he enjoys an absolute veto.....2.in case of mobey bill the president cannot reject it once it is sent to him for his assent because it was introduced in the lok sabha only after his assent ...here he does not enjoy absolute veto ....... thus the president enjoys suspensive veto......... correct me plese if i am wrong...

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1. in case of bill other than money bill when president withelds it it means that the bill has ended and it does not become an act......here he enjoys an absolute veto.....2.in case of mobey bill the president cannot reject it once it is sent to him for his assent because it was introduced in the lok sabha only after his assent ...here he does not enjoy absolute veto ....... thus the president enjoys suspensive veto......... correct me plese if i am wrong...

 

In addition to this we should know that President power of withholding a bill subjected to advice of the council of ministers (Art-74)

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In addition to this we should know that President power of withholding a bill subjected to advice of the council of ministers (Art-74)

yes buddy its an important point missed.....by me

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