Veto Power of a President
Let’s begin with a simple idea.
When Parliament passes a bill, it does not automatically become law.
It becomes an Act only when it receives the President’s assent — as provided in Article 111 of the Constitution.
Now, the President isn’t a rubber stamp; the Constitution gives him/her a veto power, that is, the power to withhold assent in certain situations.
Let’s understand this:
⚖️ What Options Does the President Have? (Article 111)
When a bill passed by Parliament reaches the President, he/she has three choices:
1️⃣ Give assent → The bill becomes law.
2️⃣ Withhold assent → The bill dies.
3️⃣ Return the bill (if it’s not a Money Bill) → for Parliament’s reconsideration.
If Parliament passes it again (with or without amendments), the President must then give assent.
👉 This is the foundation of veto power in India.
🎯 Objective of the Veto Power
Why was this power given at all?
Two key purposes:
1️⃣ To prevent hasty or ill-considered legislation, and
2️⃣ To prevent a law that may be unconstitutional or against public interest.
Thus, the veto power acts as a safeguard — not against Parliament, but for the Constitution.
🌍 Types of Veto Powers — Comparative Background
In political science, veto powers can be of four types:
| Type | Meaning |
|---|---|
| 1. Absolute Veto | President completely withholds assent; the bill dies. |
| 2. Qualified Veto | Legislature can override veto by a higher majority (used in USA). |
| 3. Suspensive Veto | Legislature can override veto by a simple majority. |
| 4. Pocket Veto | President takes no action, keeping bill pending indefinitely. |
👉 The Indian President enjoys three of these:
Absolute, Suspensive, and Pocket Veto.
India does not have a Qualified Veto — that’s an American feature.
Absolute Veto
Meaning:
When the President withholds assent to a bill and the bill dies — it is called an Absolute Veto.
Typical cases where used:
(a) For Private Members’ Bills (bills introduced by MPs who are not ministers).
(b) For Government Bills when the Cabinet has resigned after the bill’s passage but before the President’s assent, and the new Cabinet advises the President to withhold it.
Historical Examples:
- 1954: Dr. Rajendra Prasad withheld assent to the PEPSU Appropriation Bill.
The bill had been passed during President’s Rule in PEPSU (Patiala & East Punjab States Union), but when the bill reached him, President’s Rule had ended — so he withheld assent. - 1991: President R. Venkataraman withheld assent to the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill because it had been passed without the President’s prior recommendation (which was mandatory).
🟢 Result: Both bills lapsed; they never became law.
Suspensive Veto
Meaning:
The President uses the Suspensive Veto when he/she returns a bill (other than a Money Bill) for Parliament’s reconsideration.
If Parliament passes the bill again — with or without changes — and sends it back,
➡️ the President must give assent.
That means Parliament can override this veto with an ordinary majority, not any special one.
So, the President’s objection only suspends the bill temporarily.
Note:
This veto does not apply to Money Bills — because Money Bills are introduced only with the President’s prior permission. Hence, the question of returning them doesn’t arise.
Pocket Veto
Meaning:
Here the President neither assents nor rejects nor returns the bill.
He/she simply keeps it pending — for an indefinite period.
Since the Indian Constitution does not prescribe any time limit for the President’s decision,
the bill can remain pending forever.
🧠 Comparison:
In the USA, the President must return a bill within 10 days, otherwise it becomes law.
Hence the joke: “The Indian President’s pocket is bigger than the American President’s! 😀 ”
Example:
- 1986: President Zail Singh used the Pocket Veto on the Indian Post Office (Amendment) Bill.
It sought to give government censorship powers over mail — widely criticised as anti-press freedom.
Zail Singh neither signed nor rejected it.
Later, in 1989, President R. Venkataraman returned it, and the new government dropped it.
🟢 Impact: Pocket veto acts as a silent constitutional protest — a dignified form of delay without confrontation.
⚖️ Special Case — Constitutional Amendment Bills
Here the President has no veto.
The 24th Amendment Act (1971) made it compulsory for the President to give assent to a Constitutional Amendment Bill once it has been duly passed by Parliament under Article 368.
So, for Constitutional Amendments → only one option: give assent.
🧩 Presidential Veto over State Legislation
The President also has veto powers over State Bills that are reserved by the Governor for consideration.
Let’s see the two stages involved — first at the Governor’s level, then at the President’s level.
🟠 Stage 1: Governor’s Options (Article 200)
When a Bill is passed by the State Legislature and presented to the Governor, he/she can:
1️⃣ Give assent, or
2️⃣ Withhold assent, or
3️⃣ Return the Bill (if not a Money Bill) for reconsideration, or
4️⃣ Reserve it for the President’s consideration.
If the Bill is reserved, it moves to Stage 2.
🔵 Stage 2: President’s Options (Article 201)
When a Bill is reserved for the President, he/she can:
1️⃣ Give assent, or
2️⃣ Withhold assent, or
3️⃣ Direct the Governor to return the Bill (if not a Money Bill) for reconsideration by the State Legislature.
But — here’s a key difference from Parliament’s case:
➡️ Even if the State Legislature passes the Bill again,
the President is not bound to give assent.
So, the State Legislature cannot override the President’s veto.
This gives the Union an upper hand — maintaining India’s quasi-federal balance.
🕰️ Pocket Veto for State Bills
Just like at the Union level, there’s no time limit for the President’s decision on a reserved State Bill.
Hence, the President can also exercise a Pocket Veto on State legislation.
This is why some bills — especially controversial ones from States — often remain pending for years.