Bringing a Law into Force

• 25 Jan 2021

Why in News

The farmers have rejected the government’s offer of keeping the three contentious farm laws on hold for one to one-and-a-half years. Farmers insist that the laws be repealed.

• Over the years, Parliament has repealed several laws and there have also been precedents of the government not bringing a law into force for several years after it has been passed.

Key Points

• Bringing/Repealing a Law:
  • Parliament has the power to make a law and to remove it from the statute books (a law can be struck down by the judiciary if it is unconstitutional).
  • A Bill is a draft proposal, which needs to be passed in the Lower and Upper House, and only after the President gives his assent, it becomes an Act.
  • Repeal means to revoke, abrogate or cancel particularly a statute. Any statute may repeal any Act in whole or in part, either expressly or impliedly by enacting matters contrary to and inconsistent with the prior legislation.
• President’s Assent:
  • Article 111 of the Constitution specifies that the President can either sign off on the Bill or withhold his consent.
  • A Bill is sent to Parliament for reconsideration if the President withholds his assent on it. And if Parliament sends it back to the President, he has no choice but to approve it. Thus, the President enjoys only a 'suspensive veto'.
• Making Law Operational:
  • Rules & Regulation: Parliament gives the government the responsibility of making rules and regulations for efficient functioning of the Act.
    • The government not only has the power to make rules but can also suppress rules made by it earlier.
    • If the government does not make rules and regulations, a law or parts of it will not get implemented.
    • The Benami Transactions Act of 1988 is an example of a complete law remaining unimplemented in the absence of regulations.
  • Time Period: Parliament has recommended that the government make rules within six months of passing a law.
    • A parliamentary committee has observed that this recommendation is “being followed in breach by various ministries”.

Veto Power of the President

• Three Types of Veto Power: Absolute veto, Suspensive veto and Pocket veto.
• Exception: The President has no veto power when it comes to the constitutional amendment bills.
• Absolute Veto:
  • Meaning: It refers to the power of the President to withhold his assent to a bill passed by the Parliament. The bill then ends and does not become an act.
  • Generally Used in Following Two Cases:
    • When the bill passed by the Parliament is a Private Member Bill.
    • When the cabinet resigns before the President could give his assent to the bill. The new cabinet may advise the President to not give his assent to the bill passed by the old cabinet.
• Suspensive Veto:
  • Meaning:
    • The President uses a suspensive veto when he returns the bill to the Indian Parliament for its reconsideration.
    • If the Parliament resends the bill with or without amendment to the President, he has to approve the bill without using any of his veto powers.
  • Exception: The President cannot exercise his suspensive veto in relation to Money Bill.
• Pocket Veto:
  • Meaning: The bill is kept pending by the President for an indefinite period when he exercises his pocket veto.
    • He neither rejects the bill nor returns the bill for reconsideration.
    • Unlike the American President who has to resend the bill within 10 days, the Indian President has no such time-rule.
• Veto over State Bills:
  • The governor is empowered to reserve certain types of bills passed by the state legislature for the consideration of the President.
  • The President can withhold his assent to such bills not only in the first instance but also in the second instance.
    • Thus, the President enjoys absolute veto (and not suspensive veto) over state bills.
  • Further, the President can exercise pocket veto in respect of state legislation also.

Source:IE