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Doubt clearing thread for prelims: All subjects/issues

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  • Power of pocket veto is derived from Suspensive Veto
    How?


    Ur interpretation is correct if it was like this,
    "President give assent or reject a bill within x days or return the bill for reconsideration as soon as possible"

    It's not the case, for returning it's mentioned as soon as possible ok, what for giving assent or withhold?
    It's not given.
    So pocket veto exist because there is no time limit for ANY of President's action on ANY bill.
    Bro The interpretation I ve given is not my own but I ve also understood from a book which I had attached in previous post.

    In simple language- assent means Yes- Withhold means No. Its simply binary function- 1 or 0 - yes or No.
    This powet of pocket veto is neither- its comes he is using the third option that is returning the bill for reconsideration- meaning he wants to give assent then why would he not give it - Quo-Warranto- which authority/ power allows him to sit on the bill.

    Yes means instantly - means he cannot say No. ( ex- when he sends the bill for reconsideration and when bill is sent back - it says he has to give his assent) another eexample related to CAAs - in which 42nd CAA specifically mentioned that Prez has to gibe his assent to the bill ( he cannot use Veto) remember Veto word is not mentioned anywhere in the constitution- we use veto becoz it is used in US - we took it from there. Ao if such was thr case that prez can take his time for assent then every bill can have such deadlock where prez can exercise his power.
    But this is not the case with CAA and money bill.

    So when we say prez decided to sit on the bill it means he is using the pocket veto and this pocked veto is deriving its power not from assent word but from as soon as possible phrase in suspension veto.
  • edited March 2018



    Ao if such was thr case that prez can take his time for assent then every bill can have such deadlock where prez can exercise his power.

    But this is not the case with CAA and money bill.

    Ok then ans this.
    1. For CA Bill, money bill what is the time limit for giving assent?
    2. If he can 'take any time' that is no time limit, it's not amount to pocket veto?
  • The newspapers feel very dull , i feel bored to death.can i forego newspaper reading and completely depend on compilations from now on till pre.



  • Ao if such was thr case that prez can take his time for assent then every bill can have such deadlock where prez can exercise his power.

    But this is not the case with CAA and money bill.

    Ok then ans this.
    1. For CA Bill, money bill what is the time limit for giving assent?
    2. If he can 'take any time' that is no time limit, it's not amount to pocket veto?
    Bhai I ve given you examples as how power of pocket veto is derived, ab isse jayada kaise samjhaun :) Agar aapko abhi bhi lagta hai ki he derives it from consent word- toh please koi literature share kar den- i ll he happy to read it.
    Bas itna yaad rakhi ki agar exam me aa jaye ki Prez can use Pocket Veto in case of Money bill to usko wrong mark kar dena- he cannot use it. He can use Absolute Veto but he doesn't BUT technically he CAN.
  • edited March 2018



    Ao if such was thr case that prez can take his time for assent then every bill can have such deadlock where prez can exercise his power.

    But this is not the case with CAA and money bill.
    Ok then ans this.
    1. For CA Bill, money bill what is the time limit for giving assent?
    2. If he can 'take any time' that is no time limit, it's not amount to pocket veto?


    lets consider this.

    President received bill on January 1st

    case 1: President waits for 1 month time and assent the bill on Feb 1st. Bill passes ( No veto executed )
    case 2: President waits for 1 month and returns the bill for reconsideration ( suspensive veto executed)
    case 3: President waits for 1 month and sends a 'message' that he is not assenting the bill and not sending back for reconsideration too. Bill lapses(Absolute veto executed).
    case 4: President waits indefinitely and the bill lapses (pocket veto executed)

    in case 1, there is a delay of 1 month but that doesn't amount to any kind of veto.

    let me know if i'm wrong.



  • Ao if such was thr case that prez can take his time for assent then every bill can have such deadlock where prez can exercise his power.

    But this is not the case with CAA and money bill.

    Ok then ans this.
    1. For CA Bill, money bill what is the time limit for giving assent?
    2. If he can 'take any time' that is no time limit, it's not amount to pocket veto?
    Nature of veto is determined by what happens after the delay and not by the delay itself. Convincing?



  • Ao if such was thr case that prez can take his time for assent then every bill can have such deadlock where prez can exercise his power.

    But this is not the case with CAA and money bill.
    Ok then ans this.
    1. For CA Bill, money bill what is the time limit for giving assent?
    2. If he can 'take any time' that is no time limit, it's not amount to pocket veto?
    lets consider this.

    President received bill on January 1st

    case 1: President waits for 1 month time and assent the bill on Feb 1st. Bill passes ( No veto executed )
    case 2: President waits for 1 month and returns the bill for reconsideration ( suspensive veto executed)
    case 3: President waits for 1 month and sends a 'message' that he is not assenting the bill and not sending back for reconsideration too. Bill lapses(Absolute veto executed).
    case 4: President waits indefinitely and the bill lapses (pocket veto executed)

    in case 1, there is a delay of 1 month but that doesn't amount to any kind of veto.

    let me know if i'm wrong.

    In case 1 - when there is a delay - he is actually using pocket veto.
    Case 4- even if bill doenst lapse then also pocket veto. Meanings bill doenst need to be lapsed to pocket veto.

    Look - When Prez makes a decision- veto powet like Suspensive and absolute comes into effect- that is it is post action means once the action is executed- we call it either Suspensive and Absolute.
    BUT
    In case of Case 4 and Case 1 - till the time whenever fate of bill is NOT decided it means Pocket Veto is used. It signifies inaction where other veto signifies action.



  • Ao if such was thr case that prez can take his time for assent then every bill can have such deadlock where prez can exercise his power.

    But this is not the case with CAA and money bill.
    Ok then ans this.
    1. For CA Bill, money bill what is the time limit for giving assent?
    2. If he can 'take any time' that is no time limit, it's not amount to pocket veto?
    lets consider this.

    President received bill on January 1st

    case 1: President waits for 1 month time and assent the bill on Feb 1st. Bill passes ( No veto executed )
    case 2: President waits for 1 month and returns the bill for reconsideration ( suspensive veto executed)
    case 3: President waits for 1 month and sends a 'message' that he is not assenting the bill and not sending back for reconsideration too. Bill lapses(Absolute veto executed).
    case 4: President waits indefinitely and the bill lapses (pocket veto executed)

    in case 1, there is a delay of 1 month but that doesn't amount to any kind of veto.

    let me know if i'm wrong.

    Yes pocket veto is refers to "inactivity"

    In cases 1, 2, 3, 4
    For that one month (as u taken one month for example) there is no difference, no action taken.

    It can be 2 month, 3 month, 6 month or years.
    President never going to declare something like "I exercised my pocket veto power"

    Never we can conclude as President used his pocket veto. Officially "it was under President consideration, he not decided anything"

    Always we can only guess President used pocket veto or actively considering!
  • edited March 2018



    Ao if such was thr case that prez can take his time for assent then every bill can have such deadlock where prez can exercise his power.

    But this is not the case with CAA and money bill.
    Ok then ans this.
    1. For CA Bill, money bill what is the time limit for giving assent?
    2. If he can 'take any time' that is no time limit, it's not amount to pocket veto?

    How the parliament will come to know what has happened to the bill?. Can the President send message in case if he wants to Absolutely withhold the bill rather than simply sitting over the bill.
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