- Who are Competent to Contract?
- TRIPS Agreement: Meaning and Scope
- Trademarks Law & Legislation in India
- Trademark Protection for 3D Mark
- Trademark Infringement and Attempts to Pass Off
- Specific Performance in Contracts
- Remedies of Breach of Contract
- Protection of Pattern Mark in India
- Protecting Hologram Trademark in India
- Privileged Communication: Meaning and Types
- Pradhan Mantri Matsya Sampada Yojana (PMMSY)
- Parole: Definition and Meaning
- National Water Mission (NWM)
- National Steel Policy, 2017
- National River Conservation Plan, 1995
- National Policy for Women, 2016
- National Pharmaceutical Pricing Authority (NPPA)
- National Mission for a Green India (GIM)
- National Health Policy
- National Energy Policy (NEP)
- National Education Policy, 2020 (NEP)
- National Civil Aviation Policy
- National Bamboo Mission
- National Afforestation and Eco-Development Board (NAEB)
- National Action Plan on Climate Change
- Mortmain: Definition and Meaning
- Mines Rules, 1955
- Mineral Conservation and Development Rules, 1988
- Mineral Concession Rules, 1960
- Metal Elements in Tort Law
- Homosexuality and Law in India
- Hazardous Wastes (Management and Handling) Rules, 1989
- Frustration of Contract
- Force Majeure: Definition and Meaning
- Fair Use of Trademark
- Express and Implied Promise: Indian Contract Act
- Estoppel: Meaning and Types
- Elements of Torts
- Digital Signature: Meaning and Types
- Demise: Definition and Meaning
- Defences to the Tort of Negligence
- Confession: Meaning and Types
- Conditions and Warranties
- Communication when Complete: Indian Contract Act
- Coercion: Definition and Meaning
- Central Consumer Protection Authority
- Burden of Proof: Definition and Meaning
- Biodiversity and Intellectual Property Rights
- Bail Vs Parole
- Advertising Standards Council of India (ASCI)
- Advertising Law in India
- World Intellectual Property Organization: WIPO
- Well-known Trademark in India
- Wages: Definition and Meaning
- Unorganized Workers & Labour Laws
- Unfair Labour Practices
- Transfer Petition under CPC
- Transfer of Cases under CrPC
- Trademark Protection for Sound Mark
- Trademark Protection for Smell Marks
- Trademark Protection for Slogans and Taglines
- Trademark Protection for Motion Mark
- Trademark Protection for Domain Name in India
- Trademark Protection for Colour Marks
- Trademark Protection for Collective Mark
- Trademark Dilution: Meaning and Application
- Trademark Assignment and Licensing
- The Protection of Women from Domestic Violence Act
- Stalking: Definition and Meaning
- Role and Function of Public Prosecutor
- Revenue Court in India
- Remedies Under Tort Law
- Purpose of Labor Legislation in India
- Protection of Well-known Trademarks
- Promises of Marriage an Excuse of Rape
- Presumption: Meaning and Types
- Powers of Executive Magistrate
- Passing off Action: Definition and Meaning
- Oral and Documentary Evidence: Definition and Meaning
- Nyaya Panchayat: Meaning and Function
- Negotiable Instrument: Meaning and Types
- Labour Policy in India
- Judicial Infrastructure and Pendency in Trial Courts
- Indirect Infringement: Definition and Meaning
- False Advertising: Definition and Meaning
- Evolution of Wages Law in India
- E-filing: Meaning & Application
- Dying Declaration: Meaning and Definition
- Domestic Violence: Meaning and Types
- Direct Infringement: Definition and Meaning
- Digital Evidence: Meaning and Sources
- Difference between Joint Hindu Family and Coparcenary
- Difference between Decree and Order
- Difference Between Civil Law and Criminal Law
- Delegated Legislation in India
- Cybersquatting: Definition and Meaning
- Curative Petition: Definition and Meaning
- Counterfeiting: Definition and Meaning
- Contract Labour: Definition and Meaning
- Child Labour: Meaning and Causes
- Child Abuse and Protection Laws
- Admission: Definition and Meaning
- Women and Labour Laws
- Water Policies in India
- Water Law: Definition and Meaning
- Waste Management Law
- Universal Copyright Convention: Definition and Application
- Trade-Secret: Definition and Meaning
- Trademark: Definition and Meaning
- Trademark Search Clearance: Meaning and Types
- Trademark Registration: Meaning and Process
- Trademark Protection of the Trade Dress
- Trademark Opposition: Meaning and Application
- Trademark Infringement: Meaning and Types
- The Berne Convention: Meaning and Application
- Strict Liability: Definition and Meaning
- Sociology of Law: Definition and Meaning
- Sessions Court in India
- Second Marriage in Hindu Law
- Replevin: Definition and Meaning
- Quasi-Judicial Body: Definition and Meaning
- Products Liability: Definition and Meaning
- Patentable Subject Matter: Definition and Meaning
- Patentability Criteria
- Patent Infringement: Definition and Meaning
- Parsi Personal Law in India: An Overview
- Paris Convention for the Protection of Industrial Property
- Muslim Personal Law: Meaning and Sources
- Mining Law: Definition and Meaning
- Major Legislation on Forest Law
- Lok Adalat: Definition and Meaning
- Lien: Definition and Meaning
- Legal Rights: Definition and Meaning
- Legal Culture: Definition and Meaning
- Legal Code: Definition and Meaning
- Labour Laws Throughout the World
- Invasion of Privacy: Definition and Meaning
- International Labour Organisation
- Good Faith: Definition and Meaning
- Geographical Indication: Definition and Meaning
- Geographical Indication Tag: Definition and Meaning
- Game Laws: Definition and Meaning
- Fraud: Meaning and Definition
- Forestry Law: Definition and Meaning
- Forest Policies in India
- Fisheries Policies in India
- Fisheries Law: Definition and Meaning
- False Imprisonment: Definition and Meaning
- Elements of Patentability
- Duration of Patent
- Dossier: Definition and Meaning
- Doctrine of Laches: An Analysis
- Divorce in Indian Law
- Designs: Definition and Meaning
- Defences Against Infringement
- Defamation in Cyber world
- Death Penalty: Definition and Meaning
- Cyber Extortion: Definition and Meaning
- Culprit: Definition and Meaning
- Contributory Infringement: Definition and Meaning
- Chattel: Definition and Meaning
- By-Laws: Definition and Meaning
- Bailable and Non-Bailable Offence
- Animal Laws in India: An Overview
- Amicus Curiae: Definition and Meaning
- Air Quality Law: Definition and Meaning
- Narcotic Drugs Law: Meaning and Application
- Alternative Dispute Resolution: Meaning & Significance
- Substantive Law: Meaning and Significance
- Schools of Jurisprudence: Meaning & Types
- Procedural Law: Meaning and Significance
- Maritime Law: Meaning and Application
- Legitimacy of Children of Void and Voidable Marriages
- Law of the Sea: Meaning and Application
- Election Laws in India
- Tax Law: Meaning & Application
- Sources of Human Rights Law
- Legal Treaties: Meaning & Significance
- Environment Law: Meaning and Significance
- Consumer Law: Meaning and Significance
- Competition Law: Meaning & Application
- Banking Law: Meaning & Applicability
- Aviation Law: Meaning & Applicability
- Antitrust Law: Meaning & Applicability
- Indian Constitutional Law: Meaning & Significance
- District Courts: Meaning & Classification
- All India Bar Examination: Meaning & Purpose
- Labour Law: Meaning & Significance
- Differences between Private Law and Public Law
- Customary Law: Meaning & Significance
- Contract Law: Meaning & Application
- Constitutional Law: Meaning and Significance
- Absolute Liability: Concept and Significance
- Criminal Law: Meaning and Significance
- Religious Law: Meaning & Examples
- Philosophy of Law: Meaning and Characteristics
- Morality and Justice
- Law: Definition and Meaning
- Evolution of the Law
- Classification of Law
Bare Acts of India
- Delhi Shops and Establishment Act
- Trade Union Act: An Overview
- Employment Exchanges (Compulsory Notification of Vacancies) Act: An Overview
- Factories Act: An Overview
- Employees State Insurance Act: An Overview
- Employee Provident Fund and Miscellaneous Provisions Act: An Overview
- Apprentices Act: An Overview
- Whistle Blowers Protection Act: An Overview
- Transfer of Property Act: An Overview
- Trademark Act: An Overview
- The Family Courts Act: An Overview
- Specific Relief Act: An Overview
- Societies Registration Act, 1860
- Securities and Exchange Board of India Act: An Overview
- Right to Information Act: An Overview
- Regulation of Narcotic Drugs Act
- Registration of Births and Deaths Act: An Overview
- Recovery of Debts Due to Banks and Financial Institutions Act: An Overview
- Provincial Small Cause Courts Acts: An Overview
- Protection of Children from Sexual Offences Act: An Overview
- Negotiable Instruments Act: An Overview
- Narcotic Drugs and Psychotropic Substances Act: An Overview
- Motor Vehicle Act: An Overview
- Minimum Wage Act: An Overview
- Mental Healthcare Act, 2017
- Medical Termination of Pregnancy Act: An Overview
- Lokpal and Lokayukta Act: An Overview
- Information Technology Act: An Overview
- Industrial Disputes Act: An Overview
- Indian Trusts Act: An Overview
- Indian Stamp Act: An Overview
- Indian Christian Marriage Act: An Overview
- Income Tax Act: An Overview
- Hindu Adoptions and Maintenance Act: An Overview
- General Clauses Act: An Overview
- Food Safety and Standards Authority of India (FSSAI)
- Court-fees Act: An Overview
- Court Contempt Act: An Overview
- Code of Criminal Procedure: An Overview
- Citizenship Act: An Overview
- Chit Funds Act: An Overview
- Banking Regulation Act: An Overview
- The Arms Act: An Overview
- The Commercial Courts Act: An Overview
- The Companies Act: An Overview
- The Water (Prevention and Control of Pollution) Act: An Overview
- The Unlawful Activities (Prevention) Act: An Overview
- The Transgender Persons (Protection of Rights) Act: An Overview
- Rights of Persons with Disabilities Act: An Overview
- The Patent Act: An Overview
- The Passports Act: An Overview
- The Hindu Succession Act: An Overview
- The State Bank of India Act: An Overview
- The Reserve Bank of India Act: An Overview
- The National Green Tribunal Act: An Overview
- National Commission for Minorities Act: An Overview
- The Copyright Act: An Overview
- The Air (Prevention and Control of Pollution) Act: An Overview
- The Central Goods and Services Tax: An Overview
- The Advocates Act: An Overview
- The Registration Act: An Overview
- The Wildlife Protection Act: An Overview
- The Customs Act: An overview
- The Airports Authority of India Act: An Overview
- Mines and Minerals Act: An Overview
- The Muslim Personal Law (Shariat) Act: An Overview
- The Legal Services Authorities Act: An Overview
- The Indian Succession Act: An Overview
- The National Security Act of 1980
- The Hindu Widow Remarriage Act: An Overview
- The Essential Commodities Act: An Overview
- The Environment Protection Act: An Overview
- The Charitable and Religious Trust Act: An Overview
- The Arbitration and Conciliation Act: An Overview
- Mental Health Act: An Overview
- The Consumer’s Protection Act: An Overview
- Anti-Hijacking Act: An Overview
- The Right of Children to Free and Compulsory Education Act: An Overview
- The Prevention of Corruption Act: An Overview
- The Maternity Benefit Act: An Overview
- The Indian Waqf Act: An Overview
- Payment of Gratuity Act: An Overview
Civil Procedure Code
- Temporary Injunction: Meaning & Application
- Suits by Indigent Persons: Meaning and Significance
- Stay Order: Meaning and Application
- Decree: Meaning and Types
- Bar to Jurisdiction: Meaning and Types
- Summary Suits: Meaning & Application
- Importance of Plaint in Civil Proceedings
- Malicious Prosecution: Meaning & Remedy
- Judgment and its Content
- Code of Civil Procedure: Meaning & Significance
- Procedure of Institution of Civil Suits
- Inherent Powers of the Civil Court
- Hierarchy of Civil Courts and Their Jurisdiction
- Ex-parte Proceeding of Suit: Meaning & Consequence
- Dismissal of Suit: Reason & Remedy
- Appearance and Non-Appearance of Parties
- Res Judicata: Meaning and Application
- Transfer of Suits Under the Civil Procedure Code
- Can Plaintiff Withdraw the Suit?
- Parties to the Suit: Civil Procedure Code of India
Constitutional Law
- Parliament: Meaning and Constitution
- Fraternity: Definition and Meaning
- Financial Bill: Meaning and Types
- Equality: Definition and Meaning
- Election Commission of India
- Constituent Assembly
- Whip in Indian Political System
- Procedure Established by Law: Definition and Meaning
- Fundamental Rights and the Indian Constitution
- Fundamental Duties and the Indian Constitution
- Freedom of Speech and Expression
- Freedom of Religion: Definition and Meaning
- Free Legal Aid: A Constitutional Provision
- Habeas Corpus: Definition and Meaning
- Impeachment: Meaning and Procedure
- Judiciary: Definition and Meaning
- Protection against Arrest and Detention
- Right Against Exploitation: Definition and Meaning
- Veto Power of the Indian President
- Separation of Judiciary from Executive
- Right to Life and Personal Liberty: Article 21
- Right to Education: As a Fundamental Right
- Executive: Definition and Meaning
- Directive Principles of State Policy and Constitution
- Difference Between Fundamental Rights and Fundamental Duties
- Constitution Bench: Definition and Meaning
- Citizenship In India: Part II of the Constitution
- 73rd Amendment Act: Panchayati Raj System
- House of People: Meaning and Composition
- Legislature: Meaning and Types
- Minorities: Meaning and Types
- Legal Aid in India
- Writs: Meaning and Types
- The High Court and Its Judges
- Statutory Law: Meaning and Significance
- Separation of Powers: Definition and Meaning
- Rights of an Arrested Person
- Preamble: Definition and Meaning
- Jurisdiction of Supreme Court of India
- Judicial Review: Meaning and Significance
- Freedom of Speech: Definition and Meaning
- Federalism in India
- Attorney General of India: Meaning and Role
- Amendments of the Constitution
- Advocate General: Meaning and Role
Jury & Judge
- 曼达科拉图尔帕坦加利萨斯特里:印度前首席法官
- H.L. Dattu: Former Chief Justice of India
- Lalit Mohan Sharma: Former Chief Justice of India
- Sudhi Ranjan Das: Former Chief Justice of India
- Sharad Arvind Bobde: Former Chief Justice of India
- Sarv Mittra Sikri: Former Chief Justice of India
- Sarosh Homi Kapadia: Former Chief Justice of India
- Rangnath Misra: Former Chief Justice of India
- P.B. Gajendragadkar: Former Chief Justice of India
- Nuthhalapati Venkata Ramana: Former Chief Justice of India
- Konakuppakatil Gopinathan Balakrishnan: Former Chief Justice of India
- Koka Subba Rao: Former Chief Justice of India
- Kamal Narain Singh: Former Chief Justice of India
- Kailas Nath Wanchoo: Former Chief Justice of India
- Justice A.N. Ray: The Former Chief Justice of India
- Jayantilal Chhotalal Shah: Former Chief Justice of India
- Jagdish Sharan Verma: Former Chief Justice of India
- Indira Banerjee: Former Justice of the Supreme Court
- H.J. Kania: First Chief Justice of India
- Fathima Beevi: The First Female Justice of the Supreme Court
- Dhananjaya Yashwant Chandrachud: 50th Chief Justice of India
- Amal Kumar Sarkar: Former Chief Justice of India
- Adarsh Sein Anand: Former Chief Justice of India
- Prafullachandra Natwarlal Bhagwati: Former Chief Justice of India
- Mohammad Hidayatullah: Former Chief Justice of India
- Mirza Hameedullah Beg: Former Chief Justice of India
- U.U. Lalit: Former Chief Justice of India
- Vishweshwar Nath Khare: Former Chief Justice of India
- V. R. Krishna Iyer: Former Justice of the Supreme Court
- Yogesh Kumar Sabharwal: Former Chief Justice of India
陪审团与法官
陪审团和法官
- 布凡纳什瓦尔·普拉萨德·辛哈:前印度最高法院法官
- Engalaguppe Seetharamiah Venkataramiah:印度前最高法院首席大法官
- 布平德·纳特·基尔帕尔:印度前首席法官
- 阿尔塔马斯卡比尔:印度前首席大法官
- Jagdish Singh Khehar:印度前首席大法官。
- 杜帕克·米什拉:印度前首席大法官
- Ranjan Gogoi: 印度前首席大法官
陪审团和法官 (péi shěn tuán hé fǎ guān)
陪审团与法官 (Péi shěn tuán yǔ fǎ guān)
Veto power is the abipty of a person or group to unilaterally stop or prevent an action or decision from being taken. In most cases, the power of veto is held by a single person or organization, such as the President of a country. The use of veto power can prevent a decision or action from being taken even if it has the support of a majority of the people or organizations involved.
Veto Power in Indian Governance
In India, the President has certain powers in relation to his assent to a bill of parpament. The president has been given the authority to use other veto powers if he or she bepeves it is important to protect and ensure proper constitutional and legislative procedures. The President s veto authority allows him to refuse or not act on a measure enacted by a legislature. The president of India has the discretionary abipty to veto legislation. He is not compelled to accept the recommendations of the ministerial council in exercising the same.
Veto Power of the President
Article 111 specifies that a bill of Parpament may only become an Act if the President assents to it, therefore, when the Indian parpament approves laws, they are forwarded to the President for his consent.
Any measure enacted by Parpament and forwarded to the President for his assent may result in one of the following acts by the President:
The President has the authority to offer his assent to a measure enacted by Parpament.
The President may not grant his consent to or withhold his assent to a measure enacted by Parpament.
The President may refer the law back to the Parpament for reconsideration.
The President of India s veto power refers to his abipty to withhold or refuse assent to a parpamentary measure.
The President apppes his veto authority in accordance with his conscience; nonetheless, two situations might arise when the President exercises his veto power.
If the president discovers a lapse in parpamentary depberation during the bill s passage.
The President decided that withholding a bill was necessary to stop unconstitutional legislation.
The President of India has an absolute veto, a suspensive veto, and pocket veto capabipties.
Types of Veto Power
Following are the three major types of veto that Constitution of India faciptate to the President
Absolute Veto
The President has the authority to entirely reject a measure from the legislature using the "absolute veto." In this situation, the bill is withdrawn and does not become an act.
However, the President may use his absolute veto in the following circumstances:
If the bill was introduced by a private member of parpament.
In the event that the former administration approves the measure (it was approved before its resignation, but it was terminated before the President could give his approval) and the new administration recommends the president not to do so.
Suspensive Veto
This veto authority is known as the suspensive veto of the President of India when the President sends the measure back to Parpament for reconsideration.
However, the President of India s veto authority is subject to certain constraints.
Because money bills are approved with his or her prior advice, the President of India cannot use a suspensive veto.
If the President refers a law to the Parpament for reconsideration, and the Parpament passes the bill again with no amendments, in that circumstance, the president is compelled to sign such a measure.
Pocket Veto
When the President decides not to vote on a measure proposed by the Parpament, this is referred to as the President s "pocket veto" authority. The President neither assents nor withholds the measures; instead, he chooses not to act on the bill.
The Indian Constitution has no provision for the President of India to use his pocket veto. In this sense, the Indian Constitution grants the President a greater pocket veto than any other constitutional democracy; for example, the President of the United States can only wield a pocket veto for 10 days.
Veto Power of the Governor
Article 200 of the Indian Constitution provides the power of veto to the Governor.
The governor may reserve the measure only if it deviates from and jeopardises the high court s stance; this indicates that the governor may retain the bill for himself if it deviates from the high court s position.
Governors can reserve laws for approval by the President in numerous cases, such as the property bill, tax imposition measures, and others.
The governor has no authority over the measure once it has been reserved by the President.
The President has the authority to send any measure that the state legislature brings to him for approval back to the state, withhold it from consideration, or reject it. If the president does one of these things, the state legislature will have to resend the bill. As a result, states do not have the authority to overcome the president s veto.
Conclusion
The president of India has veto authority under Article 111 of the Indian constitution. The President of India has three veto rights over a measure passed by the parpament: an absolute veto, a suspensive veto, and a pocket veto. These veto rights, however, have significant restrictions. A money measure cannot be vetoed by the president using his suspensive veto authority. The President is obpgated to sign a law if it arrives without amendments after he has forwarded it for review. The pocket veto, on the other hand, grants the president a significant amount of veto authority, which he may use whenever he deems necessary.
Frequently Asked Questions
Q1. In which case the president can use an absolute veto?
Ans. In two instances, the president uses absolute power. If the law is enacted as a private member s bill in parpament and the cabinet has misgivings about it, the president may be urged not to act on it. If the cabinet resigns before the measure is approved by the president, the law is rejected because the new government will not request that the bill be passed.
Q2. Is the President s Veto Power a discretionary power?
Ans. Article 74 states that the President may exercise this authority with the recommendation of a cabinet minister led by the Prime Minister. In such instances, he may exercise this power with judgment. Only with the recommendation of the cabinet may the President exercise this prerogative.
Q3. In which cases can the president exercise the pocket veto?
Ans. A "pocket veto" is used when the president does not wish to act on a measure passed by parpament, hence the bill is withheld.
Q4. What is the difference between an absolute veto and a pocket veto?
Ans. The President has an absolute veto authority, which means that he can refuse to accept or reject a law. As a result, the bill is declared dead because it cannot be passed without the President. However, with pocket veto authority, the president does nothing, and the law remains pending forever.
Q5. What Article gives the President the right to veto a bill passed by the state legislature?
Ans. Article 201 of the Indian Constitution gives the President of India the authority to act on a state legislature bill when the governor of that state reserves it for his consideration.
Q6. Which president of India used veto power?
Ans. Zail Singh, India s President from 1982 to 1987, used a pocket veto to keep the Indian Post Office (Amendment) Bill from becoming law.