PRESIDENTIAL ASSENT TO BILL - POLITY

News: Telecommunications Bill gets President's assent

 

What's in the news?

       The landmark Telecommunications Bill, which was passed by Parliament recently, has received the President's assent.

       'The Telecommunications Act, 2023' is set to overhaul the country's century-old telecom law to make the sector investor-friendly; it prioritises user protection but also extends powers to the government to intercept communications.

 

President’s Assent:

       Article 111 of the Indian Constitution governs the President’s assent to bills, which marks the final step in the legislative process.

       The President possesses the power of veto, giving them three options under Article 111 when presented with a bill passed by Parliament:

 

Important Takeaways:

1. Assent:

       The President can give their approval to the bill, leading to its enactment as a law.

 

2. Withhold Assent:

       The President can refuse to sign the bill, preventing it from becoming a law.

 

3. Return for Reconsideration:

       If the bill is not a Money Bill, the President can send it back to Parliament for reconsideration.

       If Parliament passes the bill again, with or without amendments, the President must give their assent.

 

Types of Veto:

1. Absolute Veto:

       The President exercises this veto when refusing to sign a bill, causing it to be rejected and not turned into law.

       It is typically used when a Private Member’s Bill is used to pass a law or in the event of a change in the cabinet before the President’s signature, where the incoming government advises against signing the legislation.

 

2. Suspensive Veto:

       This allows the President to send a bill back to Parliament for further examination or deliberation.

       If Parliament reapproves the bill with or without amendments, it is adopted as law without the President’s veto.

 

3. Pocket Veto:

       In this form of veto, the President neither signs the bill nor sends it back to the legislature.

       The bill remains pending, and its outcome is uncertain.

       Unlike the U.S. President, the Indian President is not required to return the bill within a specific timeframe.

 

4. Qualified Veto:

       Unlike other types, this veto can be overridden by the legislature with a higher majority.

       However, this type of veto is not vested with the Indian President.

 

A. Assent to Ordinary Bill:

For an ordinary bill, the President has three options:

       Assent - The President can sign the bill, transforming it into an act.

 

       Withhold Assent - The President can withhold their approval, resulting in the bill not becoming law.

 

       Return for Reconsideration - The President can send the bill back to the Houses for reconsideration. The Houses may amend the bill or not before returning it to the President for assent.

 

B. Assent to Money Bill:

       The President can give or withhold assent to a Money Bill.

       However, a Money Bill cannot be returned by the President to the House for reconsideration under the Indian Constitution.

 

C. Assent to Constitutional Amendment Bill:

       In the case of Constitutional Amendment Bills, the President’s assent is mandatory.

       The President cannot withhold or return such bills, they become Constitutional Amendment Acts, modifying the Constitution in accordance with their provisions.

 

Making a Law Operational:

       After receiving the President’s assent, a law becomes effective.

       The government drafts guidelines and standards to operationalize the law.

       Implementation requires the issuance of these guidelines.

       Rules should be issued within 6 months of law passage, as recommended by the parliament.