Article 111 – Assent to Bills

Article 111 of the Constitution of India deals with the President’s assent to Bills passed by Parliament. It establishes what the President may do after a Bill has completed the parliamentary legislative process and has been presented for assent.

The President may either assent to the Bill or withhold assent. In the case of a Bill other than a Money Bill, the President may also return the Bill to Parliament for reconsideration. However, if Parliament passes the Bill again and presents it to the President, the President cannot withhold assent.

Article 111 therefore forms the constitutional link between parliamentary passage of a Bill and its becoming law.

Meaning of Article 111

Once a Bill has been passed by the Houses of Parliament in accordance with the applicable constitutional procedure, it is presented to the President.

At this stage, Article 111 gives the President two basic choices:

• assent to the Bill, or
• withhold assent.

For a Bill that is not a Money Bill, there is an additional possibility: the President may return the Bill to Parliament with a message requesting reconsideration.

If Parliament passes the returned Bill again, with or without amendments, the President is constitutionally required to give assent.

The basic sequence is:

Bill passed by Parliament → Presentation to President → Assent / Withholding of assent / Return of non-Money Bill → If passed again, assent becomes mandatory

Constitutional Text and Structure

Article 111 contains the main rule followed by a proviso.

Main provision

When a Bill has been passed by the Houses of Parliament, it must be presented to the President.

The President must then declare either:

• that the President assents to the Bill, or
• that the President withholds assent.

Proviso

The proviso creates a special reconsideration mechanism for a Bill that is not a Money Bill.

The President may return such a Bill to the Houses with a message requesting reconsideration of:

• the Bill as a whole; or
• specified provisions of the Bill.

The President may also specifically request Parliament to consider the desirability of introducing amendments recommended in the message.

If Parliament passes the Bill again and presents it to the President, the President shall not withhold assent. (Legislative Assembly)

When Does Article 111 Apply?

Article 111 applies after a Bill has been passed by the Houses of Parliament.

The phrase “passed by the Houses of Parliament” must be understood according to the type of Bill involved.

For an ordinary Bill, the Bill ordinarily needs to be passed by both Houses.

For a Money Bill, the special procedure under Article 109 applies.

For a Constitutional Amendment Bill, the special procedure under Article 368 applies.

Thus, Article 111 operates at the post-parliamentary passage stage, but the method by which the Bill reaches that stage depends on its constitutional classification.

President’s First Option: Assent

The President may give assent to the Bill.

Assent is the constitutional approval required at this stage before the Bill can become law.

The President’s assent therefore completes the constitutional legislative process for an ordinary parliamentary Bill.

Effect of Assent

Once the President assents to a Bill, it becomes an Act of Parliament, subject to the constitutional framework governing its commencement.

Article 111 itself deals with assent; the question of when an Act comes into force may depend upon the terms of the legislation or other applicable law.

President’s Second Option: Withholding Assent

Article 111 also expressly permits the President to declare that the President withholds assent.

This is commonly referred to as a veto.

Unlike the return mechanism, withholding assent prevents the Bill from becoming law through that legislative process.

The Constitution does not prescribe a separate time period within Article 111 within which the President must make this declaration.

President’s Power to Return a Bill

The President may return a Bill to Parliament for reconsideration only if the Bill is not a Money Bill.

This is an important constitutional limitation.

The President may return:

• the entire Bill; or
• any specified provisions of the Bill.

The President may also ask Parliament to consider the desirability of introducing amendments recommended in the presidential message.

Is the President’s Return Power Available for a Money Bill?

No.

The proviso to Article 111 expressly states that the President may return a Bill only if it is not a Money Bill.

Therefore:

Bill	Can President return it for reconsideration under Article 111?
Ordinary Bill	Yes
Non-Money Financial Bill	Yes, subject to its constitutional framework
Money Bill	No
Constitutional Amendment Bill	Governed by Article 368; Article 111’s ordinary return mechanism does not apply in the same manner

The distinction between a Money Bill and other Bills is therefore critical.

Reconsideration by Parliament

When the President returns a non-Money Bill, Parliament must reconsider the Bill.

The President’s message may request reconsideration of the entire Bill or specified provisions.

The Houses may then reconsider the legislation and may:

• pass it without amendment; or
• pass it with amendments.

The Constitution does not require Parliament to accept the specific amendments suggested by the President.

What Happens If Parliament Passes the Bill Again?

This is the most important consequence of the proviso.

If Parliament passes the returned Bill again, with or without amendment, and presents it to the President:

the President shall not withhold assent.

Therefore, the President’s power to return the Bill operates as a suspensive veto, rather than an absolute veto, in the case of a non-Money Bill that Parliament passes again.

Example

Suppose Parliament passes an ordinary Bill.

Stage 1: Bill presented to President.

Stage 2: President returns the Bill for reconsideration.

Stage 3: Parliament reconsideres it.

Stage 4: Parliament passes the Bill again.

Stage 5: Bill is presented to President again.

At this stage, the President cannot withhold assent.

Does Parliament Have to Accept the President’s Suggested Amendments?

No.

The President may recommend amendments in the message, but Parliament is not constitutionally required to adopt them.

Article 111 specifically provides that if the Bill is passed again with or without amendment, the President shall not withhold assent.

Therefore, Parliament may:

• accept the suggested amendments;
• reject the suggested amendments; or
• make different amendments.

What matters is that the Bill is passed again by Parliament and presented to the President.

Types of Presidential Veto

The powers under Article 111 are commonly understood through the concepts of:

Absolute veto

The President withholds assent, causing the Bill not to become law through that legislative process.

Suspensive veto

The President returns a non-Money Bill for reconsideration.

If Parliament passes the Bill again, the President cannot withhold assent.

Pocket veto

The Constitution does not prescribe a specific period within Article 111 within which the President must decide whether to assent to or withhold assent from a Bill.

The absence of an express constitutional deadline has historically been associated with the concept of a pocket veto, where assent is neither expressly granted nor refused for an extended period.

However, “pocket veto” is a constitutional practice/doctrinal description rather than an express term used in Article 111.

Article 111 and Money Bills

Money Bills receive special constitutional treatment.

Under Article 110, a Money Bill is defined by its specified financial contents, and Article 109 provides a special procedure for its passage.

Article 111 then expressly prevents the President from using the return-for-reconsideration mechanism applicable to non-Money Bills.

Therefore:

Money Bill → President cannot return it to Parliament under Article 111’s proviso.

The President may nevertheless assent to or withhold assent from a Bill under the main provision of Article 111.

Article 111 and Article 109

Article 109 governs the special procedure for Money Bills.

After the Money Bill completes that procedure, it is presented to the President.

Article 111 then governs the President’s role.

The relationship can be summarised as:

Article 109 → passage of Money Bill through Parliament

Article 111 → presidential assent after parliamentary passage

Article 111 and Article 110

Article 110 determines whether a Bill is a Money Bill.

This classification is important under Article 111 because the President’s power to return a Bill for reconsideration is available only when the Bill is not a Money Bill.

Thus:

Article 110 → determines Money Bill status

Article 111 → determines the President’s options after passage

Article 111 and Article 107

Article 107 provides the general constitutional rules concerning the introduction and passing of Bills.

Article 111 comes after the parliamentary passage stage.

The legislative sequence for an ordinary Bill can therefore be broadly represented as:

Article 107 → parliamentary passage

↓

Article 111 → President’s assent

The exact route may be modified by special provisions applicable to particular Bills.

Article 111 and Article 108

Article 108 provides for a joint sitting of both Houses in specified cases of legislative deadlock.

If an ordinary Bill is passed at a valid joint sitting, it can proceed to the President for assent under Article 111.

A joint sitting is therefore part of the parliamentary passage process, whereas Article 111 concerns the subsequent presidential stage.

Article 111 and Article 117

Article 117 contains special provisions concerning Financial Bills.

A Financial Bill is not necessarily a Money Bill.

Therefore, whether the President can return a Financial Bill under Article 111 depends upon whether the Bill is a Money Bill or falls into another constitutional category.

A non-Money Financial Bill is not excluded from the return mechanism merely because it has financial content.

Article 111 and Article 368

Constitutional Amendment Bills are governed by Article 368.

Article 368 requires a Constitutional Amendment Bill to be passed by each House separately with the constitutionally prescribed special majority.

The President’s role is also specifically addressed by Article 368.

After a Constitutional Amendment Bill has been duly passed in accordance with Article 368, the President shall give assent to the Bill.

Therefore, the ordinary presidential discretion under Article 111 must not be confused with the special constitutional rule applicable to Constitutional Amendment Bills under Article 368.

Article 111 and the Constitutional Amendment Procedure

The distinction is important:

Bill	Presidential position
Ordinary non-Money Bill	Assent, withholding, or return for reconsideration
Money Bill	Assent or withholding; no return under Article 111 proviso
Constitutional Amendment Bill	Special rule under Article 368; President is required to give assent after due passage

Thus, Article 111 does not operate identically for every category of Bill.

President’s Message for Reconsideration

When returning a Bill, the President may send a message requesting Parliament to reconsider the Bill or specified provisions.

The message may also recommend amendments.

The President therefore has a constitutional opportunity to draw Parliament’s attention to concerns about the legislation before Parliament considers it again.

However, the President does not have the power under the proviso to compel Parliament to accept the suggested amendments.

Is the President’s Return Power a Veto?

The return power is commonly described as a suspensive veto because it can delay the Bill and require Parliament to reconsider it, but it cannot permanently prevent the Bill from becoming law if Parliament passes it again.

Once Parliament repasses the Bill, the President must assent.

This is different from withholding assent altogether, which is commonly described as an absolute veto.

Important Distinctions

Assent vs withholding assent

Assent allows the Bill to complete the legislative process.

Withholding assent prevents the Bill from becoming law through that process.

Return vs withholding assent

Returning a non-Money Bill asks Parliament to reconsider it.

Withholding assent rejects the Bill at the presidential stage.

A returned Bill can become law if Parliament passes it again because the President must then assent.

Money Bill vs non-Money Bill

The President can return a non-Money Bill under the proviso.

The President cannot return a Money Bill under that proviso.

Ordinary Bill vs Constitutional Amendment Bill

An ordinary non-Money Bill can be returned under Article 111.

A Constitutional Amendment Bill is governed by Article 368, under which the President is required to give assent after proper parliamentary passage.

Parliamentary passage vs presidential assent

Passing a Bill through Parliament does not itself complete the legislative process.

The Bill must be presented to the President and dealt with under the applicable constitutional provision.

President’s recommendation vs Parliament’s obligation

The President may recommend amendments when returning a Bill.

Parliament is not required to accept those recommendations.

Common Confusions

Can the President reject a Bill passed by Parliament?

The President may withhold assent under Article 111.

However, in the case of a non-Money Bill returned for reconsideration, once Parliament passes the Bill again, the President cannot withhold assent.

Can the President return a Money Bill?

No.

The Article 111 proviso allows return only where the Bill is not a Money Bill.

Can the President return a Bill more than once?

The Constitution’s proviso contemplates the return of a Bill and provides that once Parliament passes the returned Bill again, the President shall not withhold assent. It does not establish a power to repeatedly return the same Bill after repassage.

Must Parliament accept the President’s amendments?

No.

Parliament may pass the Bill again with or without amendment.

What happens after Parliament passes the returned Bill again?

The President shall not withhold assent.

Does the President have a fixed time limit under Article 111?

Article 111 does not prescribe a specific number of days within which the President must decide whether to assent, withhold assent or, where applicable, return the Bill.

Can the President return a Constitutional Amendment Bill?

The ordinary return mechanism in Article 111 does not apply to a Constitutional Amendment Bill in the same manner. Article 368 specifically governs the constitutional amendment process and requires presidential assent after due parliamentary passage.

Does every Bill require passage by both Houses before Article 111 applies?

The applicable parliamentary procedure depends on the type of Bill. Ordinary Bills ordinarily require both Houses, while Money Bills and Constitutional Amendment Bills follow special constitutional procedures.

Does the President’s assent automatically determine when an Act comes into force?

No.

Assent completes the constitutional process of making the Bill an Act, but commencement may depend upon the provisions of the Act or another applicable law.

Article at a Glance

Point	Position
Article	Article 111
Subject	Assent to Bills
Stage	After parliamentary passage
Authority	President of India
Main options	Assent or withhold assent
Return power	Available for a Bill that is not a Money Bill
Purpose of return	Reconsideration of Bill or specified provisions
President’s amendments	May be recommended in the message
Parliament bound to accept recommendations?	No
Bill passed again	President shall not withhold assent
Money Bill return	Not permitted under Article 111 proviso
Constitutional Amendment Bill	Special rule under Article 368
Related Article	109, 110, 107, 108, 117, 368

Quick Revision

• Article 111 deals with the President’s assent to Bills passed by Parliament.
• After a Bill has been passed by the Houses, it is presented to the President.
• The President may assent to the Bill or withhold assent.
• For a Bill that is not a Money Bill, the President may return the Bill to Parliament for reconsideration.
• The President may ask Parliament to reconsider the entire Bill or specified provisions.
• The President may also recommend amendments in the message.
• Parliament is not bound to accept the President’s suggested amendments.
• Parliament may pass the returned Bill with or without amendment.
• Once Parliament passes the returned Bill again and presents it to the President, the President shall not withhold assent.
• The President cannot return a Money Bill under the Article 111 proviso.
• Article 110 determines whether a Bill is a Money Bill.
• Article 109 provides the special parliamentary procedure for Money Bills.
• Article 108 provides for joint sittings in specified cases involving ordinary Bills.
• Article 117 deals with Financial Bills.
• Article 368 governs Constitutional Amendment Bills and contains a special rule regarding presidential assent.
• Article 111 does not prescribe a specific number of days for the President to act on a Bill.
• The return power is commonly described as a suspensive veto.
• Withholding assent is commonly described as an absolute veto.
• The expression “pocket veto” describes the possibility arising from the absence of an express constitutional deadline, rather than a term expressly used in Article 111.

Conclusion

Article 111 completes the constitutional framework governing the passage of parliamentary legislation by placing the Bill before the President after parliamentary approval. It balances the President’s constitutional role with Parliament’s legislative authority by permitting assent, withholding of assent and, in the case of non-Money Bills, reconsideration. The most important limitation is that when Parliament passes a returned Bill again, with or without amendment, the President cannot withhold assent. The provision must be read alongside Articles 109, 110, 117 and 368 because different categories of Bills are subject to different constitutional procedures.