Central Idea

• The President of India granted approval to four significant legislations, encompassing the Digital Personal Data Protection Act and a law related to controlling services in Delhi.
• These Bills, recently endorsed during the Monsoon Session of Parliament, signify the nation’s resolve to adapt its legal framework to contemporary challenges.

Legislations receiving President’s Assent

• The Digital Personal Data Protection Act: This law aims to establish a framework to prevent the misuse of individuals’ data by online platforms. It addresses issues related to data privacy and protection in the digital realm. Tap here to read more.
• The Government of National Capital Territory of Delhi (Amendment) Act: This act provides for the establishment of a three-member authority responsible for handling the transfer and postings of Group A officers under the Delhi government. It pertains to the administration of services in the National Capital Territory of Delhi. Tap here to read more.
• The Registration of Births and Deaths (Amendment) Act: This act designates digital birth certificates as the exclusive conclusive proof of age, which can be used for various purposes. It introduces the concept of digital certificates for births and deaths. Tap here to read more.
• The Jan Vishwas (Amendment of Provisions) Act: This act focuses on promoting ease of business by decriminalizing minor offenses. It introduces amendments to 183 provisions of 42 Acts to reduce legal complexities and facilitate business operations. Tap here to read more.

What is President’s Assent?

• Article 111 of the Indian Constitution governs the President’s assent to bills, which marks the final step in the legislative process.
• The President possesses the power of veto, giving them three options under Article 111 when presented with a bill passed by Parliament:
  1. Assent: The President can give their approval to the bill, leading to its enactment as a law.
  2. Withhold Assent: The President can refuse to sign the bill, preventing it from becoming a law.
  3. Return for Reconsideration: If the bill is not a Money Bill, the President can send it back to Parliament for reconsideration. If Parliament passes the bill again, with or without amendments, the President must give their assent.

Types of Veto

• Absolute Veto: The President exercises this veto when refusing to sign a bill, causing it to be rejected and not turned into law. It is typically used when a Private Member’s Bill is used to pass a law or in the event of a change in the cabinet before the President’s signature, where the incoming government advises against signing the legislation.
• Suspensive Veto: This allows the President to send a bill back to Parliament for further examination or deliberation. If Parliament reapproves the bill with or without amendments, it is adopted as law without the President’s veto.
• Pocket Veto: In this form of veto, the President neither signs the bill nor sends it back to the legislature. The bill remains pending, and its outcome is uncertain. Unlike the U.S. President, the Indian President is not required to return the bill within a specific timeframe.
• Qualified Veto: Unlike other types, this veto can be overridden by the legislature with a higher majority. However, this type of veto is not vested with the Indian President.

[A] Assent to Ordinary Bill:

For an ordinary bill, the President has three options:

1. Assent: The President can sign the bill, transforming it into an act.
2. Withhold Assent: The President can withhold their approval, resulting in the bill not becoming law.
3. Return for Reconsideration: The President can send the bill back to the Houses for reconsideration. The Houses may amend the bill or not before returning it to the President for assent.

[B] Assent to Money Bill:

• The President can give or withhold assent to a Money Bill. However, a Money Bill cannot be returned by the President to the House for reconsideration under the Indian Constitution.

[C] Assent to Constitutional Amendment Bill:

• In the case of Constitutional Amendment Bills, the President’s assent is mandatory.
• The President cannot withhold or return such bills; they become Constitutional Amendment Acts, modifying the Constitution in accordance with their provisions.

Making a Law Operational

• After receiving the President’s assent, a law becomes effective.
• The government drafts guidelines and standards to operationalize the law.
• Implementation requires the issuance of these guidelines.
• Rules should be issued within 6 months of law passage, as recommended by the parliament.

Try this PYQ from CSP 2022:

Q. Consider the following statements:

1. A bill amending the Constitution requires a prior recommendation of the President of India.
2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
3. A Constitution Amendment Bill must be passed by both the Lok Sabha and Rajya Sabha by a special majority and there is no provision for joint sitting.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

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