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Suspensive Veto - Indian Polity Notes

Suspensive Veto means the power of the President to return a bill for reconsideration of the Parliament. However, if the bill is passed again by Parliament, with or without changes, and presented to the President, the President is required to grant his assent to the bill. Absolute veto and Pocket veto are the other veto powers of the President explained under Article 111 of the Indian Constitution.

This article explains the Suspensive Veto is important for UPSC IAS exam preparation.

Veto - Concept

  • A "veto" typically refers to the power vested in certain individuals or bodies to reject or prohibit decisions made by others.
  • In politics, it often refers to the ability of a president, governor, or other executive authority to reject a bill passed by the legislature, preventing it from becoming law.
  • This power serves as a check and balance in governmental systems, ensuring that no single branch or entity has unchecked authority.
  • The use of a veto can be a contentious issue, as it can lead to conflicts between branches of government and can impact the legislative process.
Suspension Veto of the President

Suspensive Veto Of The President

  • Exercised by the President when a bill is returned to the Parliament for reconsideration.
  • If a bill is passed by Parliament with or without amendment,it is mandatory for President to give his assent to the bill.
  • It shows that the Presidential veto power is overridden by repassage of the bill by the same ordinary majority(In the case of the USA, a higher majority is needed to override the President’s veto power).
  • President does not possess this veto in the case of money bill.The president can either give his assent or withhold assent but can not return.
  • In USA. President has to return the bill within 10 days, hence it is said that the pocket of the Indian president is bigger than American President.
  • Money bill: In the case of money bills, the President does not have a suspensive veto. The President may either grant or withhold his approval to a money measure, but he may not return it to Parliament for reconsideration. Normally, the President gives his assent to the money bill as it is introduced in the Parliament with his previous permission.
  • State bills: In the case of state bills, the state legislature has no power to overturn the President's suspensive veto. The Governor can delay his approval until the bill is sent to the President for consideration, even if the state legislature resends the bill to the governor and the governor to the President.
  • When Parliament re-sends the bill to the President, it must utilize the ordinary majority in both chambers rather than the larger majority.)

Suspensive Veto

Suspensive veto is exercised by the President when a bill is returned to the Parliament for reconsideration.

Constitutional Provisions

Constitutional Provision

  • Article 111 of the Constitution establishes principles for the exercise of the presidential veto in a variety of scenarios.
  • "When a Bill has been passed by the Houses of Parliament, it shall be delivered to the President, and the President shall-" according to Article 111.
    • Give his approval to the Bill or veto it.
    • He refuses to say yes or no.
    • Returns the Bill (excluding the Money Bill) to Parliament with a request that it be reconsidered.
Conclusion

Conclusion

Suspensive veto is a significant tool in the hands of the President of India, allowing them to request Parliament to reconsider a bill. However, once Parliament passes the bill again, the President is obliged to give assent, ensuring that the final decision lies with the elected representatives.

FAQs 

Question: What is the suspensive veto power of the President of India?

Answer: The suspensive veto allows the President to return a bill to Parliament for reconsideration. If the bill is passed again, with or without changes, the President must give assent to it.

Question: How does the suspensive veto differ from the absolute veto?

Answer: While the suspensive veto allows a bill to be reconsidered by Parliament, the absolute veto enables the President to withhold assent completely, effectively ending the bill.

Question: Can the President use the suspensive veto on a money bill?

Answer: No, the President cannot exercise the suspensive veto on a money bill. The President must either give assent or withhold assent, but cannot return the bill for reconsideration.

Question: What happens when Parliament re-passes a bill returned by the President?

Answer: If Parliament re-passes a bill that the President has returned, with or without amendments, the President is constitutionally obligated to give assent to it.

Question: Under which constitutional article is the suspensive veto granted?

Answer: The suspensive veto is granted under Article 111 of the Indian Constitution.

MCQs 

  1. Which veto power allows the Indian President to return a bill for reconsideration?

A) Absolute Veto

B) Pocket Veto

C) Suspensive Veto

D) Qualified Veto

Answer: (C) See the Explanation

The suspensive veto enables the President to return a bill to Parliament for reconsideration, but if re-passed, the President must give assent.

  1. On which type of bill can the President of India not exercise the suspensive veto?

A) Money Bill

B) Ordinary Bill

C) Constitutional Amendment Bill

D) State Bill

Answer: (A) See the Explanation

The President cannot return a money bill for reconsideration. They can only grant or withhold assent.

  1. What happens if a bill is re-passed by Parliament after the President exercises the suspensive veto?

A) The President may refuse assent again

B) The bill is nullified

C) The President must give assent

D) The bill goes to a referendum

Answer: (C) See the Explanation

Once a bill is re-passed by Parliament, the President is required to provide assent, making the veto suspensive in nature.

  1. Which article of the Indian Constitution covers the veto powers of the President?

A) Article 123

B) Article 111

C) Article 124

D) Article 110

Answer: (B) See the Explanation

Article 111 outlines the President’s powers regarding assent, including the use of veto powers on bills passed by Parliament.

  1. The Indian President's veto powers include:

A) Absolute and qualified veto only

B) Suspensive and pocket veto only

C) Absolute, suspensive, and pocket veto

D) None of the above

Answer: (C) See the Explanation

The Indian President holds three types of veto powers: absolute, suspensive, and pocket.

GS Mains Questions and Model Answers

Q1: Discuss the significance of the suspensive veto power of the President in India's legislative process.

Answer: The suspensive veto provides a check on the legislative process by enabling the President to return a bill for reconsideration. This ensures that legislation receives additional scrutiny, potentially leading to amendments or deliberations. However, its limitation lies in its inability to permanently block legislation, as Parliament can override it with a simple majority. Thus, it balances the President’s authority with the parliamentary system’s supremacy, maintaining a check-and-balance mechanism.

Q2: How does the Indian President’s veto power compare with the US President’s veto power?

Answer: The Indian President has three types of veto powers: absolute, suspensive, and pocket. In contrast, the US President primarily exercises a general veto, which can be overridden by a two-thirds majority of Congress. Additionally, the pocket veto in the US applies when the President does not sign a bill within ten days, under specific conditions, leading to its expiration. The Indian President’s veto powers are more constrained, reflecting the parliamentary nature of the Indian system.

Q3: Explain the role of Article 111 in maintaining legislative balance in India.

Answer: Article 111 empowers the President to either assent to or withhold assent from a bill and return it (excluding money bills) for parliamentary reconsideration. This provision ensures a mechanism for legislative review, promoting detailed deliberation. By preventing hasty legislation, it maintains a balance between legislative authority and executive oversight, fostering a robust democratic process while underscoring the supremacy of Parliament in overriding the veto.

Previous Year Questions on Suspensive Veto

1. UPSC CSE 2016

Question: Examine how the suspensive veto power of the President impacts legislative accountability in India.

Answer: The suspensive veto allows the President to return a bill to Parliament for reconsideration, encouraging further debate and refinement of the proposed law. This serves as a check on legislative actions, fostering accountability and reducing the likelihood of hasty or ill-considered laws. However, the President’s limited ability to permanently block a re-passed bill highlights the predominance of parliamentary authority in India’s constitutional framework. By promoting legislative scrutiny, the suspensive veto reinforces democratic checks and balances, ensuring accountability within the law-making process.

2. UPSC CSE 2019

Question: Compare the exercise of suspensive veto in India with its application in other parliamentary democracies.

Answer: In India, the suspensive veto enables the President to return a bill for reconsideration but does not provide the power to reject a re-passed bill. In contrast, in some other parliamentary democracies, such as the UK, the veto power is generally absent or reserved for exceptional circumstances due to the supremacy of Parliament. India’s use of the suspensive veto thus reflects a unique balance between executive scrutiny and parliamentary sovereignty, enhancing legislative deliberation while upholding the democratic principles of majority rule.

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*The article might have information for the previous academic years, please refer the official website of the exam.
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