PRESIDENTIAL ASSENT TO
BILL - POLITY
News: Telecommunications Bill gets
President's assent
What's in the news?
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The landmark Telecommunications Bill, which was
passed by Parliament recently, has received the President's assent.
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'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:
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Article 111 of the Indian Constitution governs the President’s
assent to bills, which marks the final step in the legislative process.
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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:
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The President can give their approval to the bill,
leading to its enactment as a law.
2. Withhold Assent:
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The President can refuse to sign the bill,
preventing it from becoming a law.
3. Return for
Reconsideration:
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If the bill is not a Money Bill, the President can
send it back to Parliament for reconsideration.
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If Parliament passes the bill again, with or without amendments, the President must give their assent.
Types of Veto:
1. Absolute Veto:
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The President exercises this veto when refusing to
sign a bill, causing it to be rejected
and not turned into law.
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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:
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This allows the President to send a bill back to Parliament for further examination or deliberation.
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If Parliament reapproves the bill with or without
amendments, it is adopted as law without the President’s veto.
3. Pocket Veto:
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In this form of veto, the President neither signs the bill nor sends it back to
the legislature.
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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:
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Unlike other types, this veto can be overridden by the legislature with a higher
majority.
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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:
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Assent - The President can sign the bill, transforming it
into an act.
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Withhold Assent - The President can withhold their approval,
resulting in the bill not becoming law.
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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:
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The President can give or withhold assent to a
Money Bill.
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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:
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In the case of Constitutional Amendment Bills, the
President’s assent is mandatory.
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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:
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After receiving the President’s assent, a law
becomes effective.
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The government
drafts guidelines and standards to operationalize the law.
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Implementation requires the issuance of these
guidelines.
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Rules should be issued within 6 months of law passage, as recommended by the parliament.