President's Veto on State Bills

Table of Contents

Context: Kerala is set to present a legal challenge in the Supreme Court regarding President Droupadi Murmu’s decision to withhold approval of bills passed by the state legislature.

Background of President’s Veto on State Bills

The President had withheld assent to Kerala University Laws (Amendment No. 2) Bill 2022, University Law Amendment Bill, 2022, and the University Law Amendment Bill, 2021 from the seven Bills that were referred to her in November 2023.
However, she gave her assent to the Kerala Lok Ayukta (Amendment) Bill, 2022.

President’s Veto Power

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President’s Veto Power Over State Bills

Presidential Assent for Reserved Bills (Article 201):
- If the Governor reserves a Bill, its enactment relies on the President’s assent or refusal.
- The President can:
  - Grant assent to the Bill.
  - Withhold assent from the Bill.
  - Return the Bill for reconsideration (if it is not a Money Bill).
Reconsideration of Reserved Bills:
- The legislature must reconsider a returned Bill within six months.
- Once passed again, it is presented to the President.
- The President is not obligated to grant assent to a reconsidered Bill.
President’s Power: Can choose to:
- Reject the bill completely (absolute veto): The President has the power to deny approval to state bills both initially and upon resubmission, thereby exercising an absolute veto rather than a suspensive veto on such legislation.
- Not act on the bill (pocket veto): The President can exercise pocket veto in respect of state legislation also.