Recently, the Tamil Nadu assembly speaker raised the issue of setting a definitive timeframe for legislative bills to be assented or returned, or reserved for consideration by the President of India. This request came in response to the lackadaisical approach taken by the governors which erodes the authority of the legislatures and the unnecessary delay in reserving the Bills for the President’s assent.
Highlighted Issues by the Speaker
The speaker highlighted multiple issues within the existing system. According to him, delaying the assent or return of the bills indefinitely by governors, even though it is constitutionally required to be prompt, has been a source of concern. This is particularly alarming considering the Governors are appointed by the Union government.
The speaker also suggested that the President should provide reasons for withholding assent and returning the bill to the House, aiding them in enacting another bill by recognizing and rectifying the causes that led to the initial bill’s rejection.
Case Examples Supporting the Speaker’s Argument
The importance of these issues were accentuated with the Tamil Nadu Assembly passing a Bill in September 2021, aimed at exempting students from the state from the National Eligibility cum Entrance Test (NEET) necessary for undergraduate medical college enrollments. Despite its urgency, the bill was not expediently treated.
Similarly, in 2018, the Tamil Nadu assembly passed a resolution regarding the release of seven prisoners convicted in the Rajiv Gandhi assassination case. The resolution, despite being sent to the then Governor, saw no action for over two years. Eventually, this matter was handed to the President, leading to more delays.
Understanding the Veto Power of the President and the Governor
Under the Indian Constitution, the veto power of the President is guided by Article 111, while Article 200 and 201 manage the powers of the Governor regarding the assent of bills passed by the State legislature and other powers such as reserving the bill for the President’s consideration.
The types of Veto Power are Absolute veto, Suspensive veto, and Pocket veto. The President does not possess veto power in relation to constitutional amendment bills as they cannot be introduced in the state legislature.
Types of Veto Power Explained
Absolute Veto is the power of the President to withhold his assent to a bill passed by the Parliament, causing it to end and preventing it from becoming an act.
Suspensive Veto occurs when the President returns the bill to the Indian Parliament for its reconsideration. If the Parliament resends the bill, with or without amendment, the President is compelled to approve it without utilizing any veto powers. However, the President cannot wield his suspensive veto in relation to the Money Bill.
With a Pocket Veto, the President can keep the bill pending indefinitely, as he neither rejects nor returns the bill for further deliberation. The Indian President isn’t subjected to any time rules for this process, unlike the American President.
Regarding state bills, the governor can reserve certain bills passed by the state legislature for the President’s consideration, after which the President can exercise absolute veto (and not suspensive veto) or pocket veto over these bills.
