Assent to Bills - UPSC Polity Notes

The Parliament is the ultimate law-making authority of India. A bill becomes a law if it is passed by both Houses of the Parliament and receives the assent of the President. In this article, you can read about the assent to bills, and also about when the President can withhold his/her assent to bills. This is an important part of the polity and governance segments of the UPSC syllabus. How a Bill is passed in India

There are four types of bills that can be introduced in the Indian Parliament, and the process of them becoming laws is slightly varied. But, the basic process is, they have to be passed in both Houses and receive the presidential assent. (For all bills except money bills, both Houses have to approve).

For more on the type of bills and how a bill is passed in India, click here. Presidential Assent

The President can either give assent, withhold his assent or return the bill for reconsideration generally (depends on the type of bill). In this section, we discuss what the President can do for the different types of bills.

Ordinary Bill

In case of an ordinary bill, there are three courses of action the President can do:

1. Give his assent: the bill then becomes an act. 2. Withhold his assent: the bill ends there and does not become as act. 3. Return the bill for reconsideration: the Houses may make changes or not to the bill and return it to the President after which he is obliged to give his assent.

In the case of ordinary bills, the President enjoys ‘suspensive veto’ only. For more on the suspensive veto and other types of vetoes enjoyed by the President, check Veto Power of President. Money Bill

The President may either give or withhold assent to a Money Bill. Under the Constitution, a Money Bill cannot be returned to the House by the President for reconsideration.

Constitutional Amendment Bill

In the case of such bills, the President must give assent. He cannot return the bill or withhold it (unlike ordinary bills). After this, the bill becomes a Constitutional Amendment Act and the Constitution stands amended in accordance with the terms of the Act. Veto Power of the President

When a bill is passed by both Houses of the Parliament, it goes to the President for his assent. The President can give or reject assent to the bill (or return for reconsideration depending on the bill type). This choice of the President is called his Veto Power. More on the veto power of the President can be read in the link given

above.

UPSC Questions related to Assent to Bills

Which article is related to assent to bills?

Article 111 of the Constitution of India gives provisions relating to assent to bills.

Can a bill be passed without Rajya Sabha?

Only money bills do not require the approval of the Rajya Sabha. All bills will have to be sent to the Rajya Sabha, and have to be passed in both Houses before being sent for presidential assent. However, in the case of money bills, Rajya Sabha’s approval is not required.

Can President reject a bill?

 The President can reject a bill, and this is known as an absolute veto. That is, when the President withholds his assent to any bill, and the bill is dropped.  He does not have this power in the case of money bills.  Absolute veto is when he acts on the advice of the Council of Ministers.  When the President exercises his will in rejecting a bill on his own accord, it is called a pocket veto. (The pocket veto has been exercised only once by an Indian President, by Zail Singh in 1986.)  If the President returns a bill for reconsideration by the Houses, and it is passed again with or without his recommendations, he has no option left but to give his assent to the bill.  In the case of constitutional amendment bills, the President has to give his assent.  If the constitutional amendment bill is in violation of the basic structure of the Constitution, then a Constitutional Bench of the Supreme Court will quash it.  If the Parliament thinks that the President is acting in violation of the Constitution, it can start impeachment proceedings against him.

Can a bill be directly introduced in Rajya Sabha?

Yes, all bills except money bills can be introduced in the Rajya Sabha.