Part V: The Union

Article 111: Assent to Bills

Overview of Article 111: Assent to Bills

--- Original Article ---

When a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom:

Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom.

Explanations

Article 111 of the Indian Constitution governs the President's role in giving assent to Bills passed by the Houses of Parliament. It lays down the procedures and powers vested in the President, particularly addressing the scope for returning a Bill for reconsideration. This Article serves as a mechanism to ensure legislative accountability and the President’s supervisory function.

Clause-by-Clause Explanation

1. Bill Presentation and Presidential Assent

Once both Houses of Parliament have passed a Bill, it must be sent to the President. The President’s role in this process is largely ceremonial, but the decision of whether to assent or withhold assent is significant. If assent is given, the Bill becomes law.

2. Returning a Bill for Reconsideration

The President is empowered to return any Bill (other than a Money Bill) to Parliament for reconsideration. The message accompanying the returned Bill may recommend specific amendments. The provision reflects the advisory role of the President in ensuring a Bill is thoroughly examined.

3. Parliament’s Reconsideration and Mandatory Assent

Once the President returns a Bill, Parliament is obligated to reconsider it. After reconsideration, if Parliament passes the Bill again with or without amendments, the President is bound to give assent. This ensures that the democratic will of Parliament is upheld after due deliberation.

Real-Life Examples

  • Post Office Amendment Bill (1986): President Giani Zail Singh withheld his assent to this Bill after it was passed by Parliament, raising concerns over civil liberties. The Bill was eventually dropped, demonstrating the President’s power to intervene when necessary.
  • The Prevention of Terrorism Bill (2002): When this Bill was passed by Parliament, President K.R. Narayanan returned it with recommendations. However, after reconsideration, Parliament passed the Bill without amendments, and the President assented, showing how Article 111 functions in practice.
  • The Office of Profit Bill (2006): When this Bill was passed by both Houses, President A.P.J. Abdul Kalam returned it for reconsideration. He suggested amendments based on his concerns about the definition of "office of profit." The Bill was reconsidered, and when it was passed again without amendments, the President gave his assent.
  • Farm Laws (2021): President Ram Nath Kovind assented to the contentious Farm Laws after they were passed by Parliament. This led to a significant public response, illustrating the critical role of Article 111 in the legislative process.

Historical Significance

Article 111 represents a careful balance between the authority of Parliament and the oversight role of the President. It ensures that the legislative process includes a mechanism for reflection and reconsideration without overriding the supremacy of Parliament. The historical use of Article 111, especially in returning controversial Bills, underscores the importance of checks and balances in Indian democracy.

Legislative History

Article 111 of the Indian Constitution, initially drafted and deliberated as article 90 of the Draft Constitution, was ultimately included in the Indian Constitution.

Debates and Amendments

During the debate, Shri Lokanath Misra proposed an amendment to Article 91 to remove the President's power to withhold assent from Bills passed by Parliament, aligning the President's role with that of the King in England. He argued that without this amendment, the process remains incomplete if a Bill is sent back for reconsideration.

The Honourable Dr. B. R. Ambedkar proposed an amendment to the proviso of Article 91, suggesting that the phrase "not later than six weeks" be replaced with "as soon as possible.”

Mr. Naziruddin Ahmad proposed an amendment to Dr. B. R. Ambedkar's suggestion for Article 91 by replacing "as soon as possible" with "as soon as may be" to provide the President with reasonable latitude and flexibility, arguing that the latter phrase means "reasonably practicable.”

Mr. Tajamul Husain proposed that if the Houses reject the President's recommendations, the Bill should be returned to the President, who must either assent or withhold assent. If withheld, the House should dissolve, and new elections held. If the ruling party is re-elected, the President must resign, and the Bill becomes law. This addresses the lack of provisions for non-reconsideration of the President's suggestions.

In the General Discussion, Dr. P. S. Deshmukh stressed the need for a provision requiring the President to assent to a Bill if presented a second time, to address potential conflicts between the President and the Prime Minister.

Shri H. V. Kamath supported Mr. Misra's amendment and opposed Dr. Ambedkar's amendment. Kamath argued that replacing a specific time limit with "as soon as possible" is vague and could lead to procrastination. He emphasized the need for a definite time frame to ensure prompt action by the President and prevent delays.

The Constituent Assembly adopted the amendments proposed by Shri Lokanath Misra and Dr. B. R. Ambedkar. These amendments were subsequently integrated into the Indian Constitution.

References

  • The Constitution of India - Article 111, Assent to Bills.
  • Constituent Assembly Debates - Debates surrounding Article 91 (Draft Article 90) on Presidential assent.
  • Basu, D.D. "Commentary on the Constitution of India".
  • K.N. Bhat, “President's Role in Legislative Assent: An Analytical Study,” Journal of Indian Constitutional Law.
  • The Post Office Amendment Bill (1986) and The Prevention of Terrorism Bill (2002) - Real-life case examples of Presidential intervention.
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