The recent news of farmers vehemently rejecting the government’s proposal to put the contentious farm laws on hold for a period of one to one-and-a-half years has garnered widespread attention. The farmers are insistent on having these laws entirely repealed. This brings into focus the fact that over the years, numerous laws have been repealed by the Parliament, and there have been instances where the government has not enforced a law for several years post its approval.
Mechanics of Enacting and Repealing Laws
The Parliament holds the power to create or remove a law from the statute books, provided it doesn’t violate the Constitution. A Bill is essentially a proposed law that needs approval from both the Lower and Upper House. Upon receiving the President’s assent, it then graduates to an Act. The term ‘repeal’ refers to the revocation, cancellation or abrogation of a statute. A statute can be repealed in part or in full, either explicitly or indirectly by introducing matters that contradict or are inconsistent with the previous legislation.
The Role of Presidential Assent
As per Article 111 of the Constitution, the President has the authority to either endorse or withhold his consent on a Bill. In case of withheld consent, the Bill is redirected to the Parliament for reconsideration. Should the Parliament resend the Bill to the President, he is left with no other option but to give his approval, hence marking only a ‘suspensive veto’.
Operationalizing Law: The Importance of Rules & Regulations
Parliament entrusts the responsibility of formulating rules and regulations to the government to ensure the smooth operation of the Act. Not only does the government have the power to formulate these rules, but it also has the authority to revoke previously made rules. A law or its parts may lie dormant if the government fails to establish rules and regulations. The Benami Transactions Act of 1988 is a classic example where the absence of regulations led to a complete law remaining unimplemented.
The Recommended Time Period for Rule Making
Parliament suggests that the government should establish rules within six months of passing a law. However, various ministries have been noted to often breach this recommendation, as observed by a parliamentary committee.
Understanding the Presidential Veto Power
The President possesses three types of veto power – the absolute veto, suspensive veto, and pocket veto. Although, it must be noted that he has no veto power over constitutional amendment bills.
Absolute Veto: Its Meaning and Cases of Usage
Absolute veto refers to the President’s authority to withhold his assent to a bill approved by the Parliament, thereby ending the Bill and prevent it from becoming an act. This veto power is generally employed in two scenarios – when a Private Member Bill is passed by the Parliament, or when a cabinet resigns before the President can give his assent to the bill, allowing the new cabinet to advise him to withhold his assent.
Suspensive Veto and Exceptions
The suspensive veto is exercised by the President when he returns the bill for reconsideration to the Indian Parliament. In case the Parliament resends the Bill with or without modification, the President is obliged to approve it without exerting any of his veto powers. However, the President is ineligible to exercise his suspensive veto in relation to a Money Bill.
Pocket Veto: Its Utility and Duration
Under a pocket veto, the President keeps the Bill pending for an indefinite duration without rejecting or returning it for reconsideration. Unlike the American President who is required to resend the bill within 10 days, the Indian President is not bound by any such timeframe.
Veto Power Over State Bills
The governor can reserve certain types of bills approved by the state legislature for the President’s consideration. In such cases, the President can withhold his assent in the first and second instances too. Consequently, the President enjoys absolute veto power over state bills. Moreover, he can also exercise his pocket veto in respect of state legislation.
