Actual Article
Article 111: Assent to Bills
When a Bill has been passed by both Houses of Parliament, it shall be presented to the President, and the President shall either:
- Declare that he assents to the Bill; or
- Withhold 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, with a request that the Houses 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.
Provided further 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, with a request that the Houses 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.
UPSC Notes for Article 111
Explanation:
- Presidential Assent:
- After a Bill is passed by both Houses of Parliament, it is presented to the President for assent.
- The President can either:
- Assent to the Bill, making it a law.
- Withhold assent, effectively vetoing the Bill.
- Returning a Bill:
- The President can return a Bill (except a Money Bill) to Parliament with recommendations for reconsideration.
- If the Bill is passed again by both Houses with or without amendments, the President must give assent.
Key Points:
- Assent or Withhold: The President has the discretion to either assent to a Bill or withhold assent.
- Reconsideration Request: The President can return a non-Money Bill to Parliament for reconsideration, providing an opportunity to suggest amendments.
- Mandatory Assent on Re-passage: If a returned Bill is passed again by both Houses, the President must assent to it, ensuring that the legislative will is ultimately upheld.
Important Cases and Commissions Related to Article 111
Cases:
- Samsher Singh vs. State of Punjab (1974): The Supreme Court discussed the extent of the President’s powers and the role of executive discretion in giving assent to Bills.
- Dr. D.C. Wadhwa vs. State of Bihar (1987): Highlighted the constitutional obligation of the President to act within a reasonable time frame when giving assent to Bills.
Commissions:
- Sarkaria Commission: Analyzed the role of the President in the legislative process, emphasizing the balance between executive discretion and legislative will.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested reforms to clarify the President’s role in assenting to Bills, ensuring timely and transparent decision-making.
Previous Year Prelims Questions Related to Article 111
- (UPSC Prelims 2016) After a Bill is passed by both Houses of Parliament, it is presented to the President for assent. The President can:
- A. Only give assent
- B. Withhold assent
- C. Return the Bill for reconsideration (if it is not a Money Bill)
- D. Both B and C Correct Answer: D. Both B and C
- (UPSC Prelims 2018) If a non-Money Bill is returned by the President for reconsideration and passed again by both Houses with or without amendments, the President:
- A. Can withhold assent again
- B. Must give assent
- C. Can refer it to the Supreme Court
- D. Can call for a joint session of Parliament Correct Answer: B. Must give assent
Previous Year Mains Questions Related to Article 111
- Mains 2017: “Discuss the role of the President in the legislative process as outlined in Article 111. How does the provision for returning Bills for reconsideration balance executive and legislative powers?”
- Mains 2019: “Analyze the significance of the President’s assent in the legislative process. How does Article 111 ensure that the legislative intent is ultimately upheld?”
Additional Insights:
- Executive-Legislative Balance: Article 111 provides a check on the legislature by allowing the President to withhold assent or return Bills, ensuring executive oversight.
- Mandatory Assent: The requirement for the President to assent to a Bill if it is passed again by both Houses emphasizes the supremacy of the legislative will.
- Timely Decision-Making: The President’s decision on assent or returning a Bill is expected to be made as soon as possible, ensuring the efficiency of the legislative process.
Understanding Article 111 is crucial for UPSC aspirants as it outlines the President’s role in the legislative process, including the discretion to withhold assent and the requirement to give assent upon re-passage of a Bill. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions that govern the interaction between the executive and the legislature within India’s parliamentary system.