1.
Introduction
According
to Black’s Law Dictionary
Veto
means, “A power of one governmental branch to prohibit an action by another
branch, especially, a chief executive’s refusal to sign in to law a Bill passed
by the legislature.”
2. Important Kinds of veto
i.
Qualified or limited Veto
It
is a veto that is conclusive unless overridden by an extra-ordinary majority of
the legislature. This is the type of veto that the President of the U.S.A has.
ii.
Pocket Veto
A
veto resulting from the President’s failure to sign a Bill passed within the
last ten days of the legislative session.
iii.
Absolute Veto
An
unrestricted veto that is not subject to being overridden.
3. The veto Power of the US President
The
President of the USA has the power of veto. According to the U.S Constitution,
all Bills, except proposed constitutional amendments, must be submitted to the
President before becoming law, if he approves 'them and signs them, they become
law. If he disapproves a Bill, he returns it to the House in which it
originated with his objections within ten days. This is his 'Power of veto' or
rejection of a Bill.
The
President's veto can be overridden by Congress, if the rejected Bill is again
passed by a two-thirds vote of both Houses of Congress. The Bill is then,
again, sent to the President for his approval. In such a case, even if the
President refuses to give his assent to the Bill, the Bill is passed over the
veto of the President. However, it is to be noted that the Bills are rarely
passed for the second time by the Congress. This is particularly due to the
fact that the Congress is always short of time and finds it difficult to finish
its normal work. Although between 1789 and 1925, the veto power was used 600
times, it was reversed by a two-thirds majority only on 36 occasions.
There
is, however, a means by which the temporary/qualified or limited veto of the
President can become absolute. As most of the Bills are usually passed by
'Congress during the last ten days of the session, the President may not sign a
Bill, he disapproves during these ten days, in which case the Bill will never
become a law. This is known as his pocket veto. So the President can veto a
Bill for good if he is opposed to it or does not want to take responsibility
for it. Thus by his inaction, he, can veto a legislative measure.
4. Types of veto available to USA President
According
to V.D. Mahajan
"Many
a Bill has been passed by the Congress and sent, to the President for approval.
It is not binding on the President to approve them in every case. He has been
given two kinds of veto power. If a Bill is sent to the President towards, the
close of the session and he does not want to give his consent to it, he can
kill the Bill by merely sleeping over it. By mere inaction, he' can kill the
Bill. This is called 'the pocket veto'. The other kind of veto is that he can
refuse to" give his assent to the Bill and return the same to the
Congress. If the Congress is very particular about that measure, it can pass
the same once, again by a two-thirds majority and send it to the President for
his approval. In such a case, even if the President refuses to give his assent
to the Bill, the Bill is passed over the veto of the President".
5.
Implication of veto by the Presidents
Prior
to 1865, the early Presidents used veto rarely and they employed it only in
regards to the Bills which they considered to be unconstitutional.
Since
1865, the veto has been increasingly employed and now the President’s Veto
Bills which they regard as inexpedient, contrary to public policy, or for any
other reason that is considered compelling. Reluctantly, the Presidents now
play a more important part in legislation than they did before 1865. The veto
power is now used as a means of controlling legislation and as a means to
appeal to the people.
Note:
The vetoes are more common when the President and Congress belong to
different parties.
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