Generally speaking, the object of arming the
Executive with this power is to prevent hasty
and ill-considered action by the Legislature. But
the necessity for such power is removed or at
least lessened when the Executive itself initiates
and conducts legislation or is responsible for
legislation, as under the Parliamentary or Cabinet
system of Government. As a matter of fact,
though a theoretical power of veto is possessed
by the Crown in England, it has never been used
since the time of Queen Anne.
Where, however, the Executive and the
Legislature are separate and independent from
each other, the Executive, not being itself responsible
for the legislation, should properly
have some control to prevent undesirable legislation.
Thus, in the United States, the President's
power of veto has been supported on various
grounds, such as
(a) to enable the President to
protect his own office from aggressive legislation;
(b) to prevent a particular legislation from
being placed on the statue book which the
President considers to be unconstitutional (for
thought the Supreme Court possesses the power
to nullify a statue on the ground of unconstitutionally,
it can exercise that power only in the
case of clear violation of the Constitution, regardless
of any question of policy, and only if
a proper proceeding is brought before it after
the statue comes into effect);
(c) to check legislation
which he deems to be practically inexpedient or, which he thinks does not represent the
will of the American people.
From the standpoint of effect on the legislation,
executive vetos have been classified as
absolute, qualified, suspeasive and pocket vetos.
Absolute Veto: The English Crown possesses
the prerogative of absolute veto, and
if it refuses assent to any bill, it cannot
become law, notwithstanding any vote of
Parliament. But this veto power of the Crownhas become obsolete since 1700, owing to the
development of the Cabinet system, under
which all public legislation is initiated and
conducted in the legislature by the Cabinet,
judged by practice and usage, thus, there is
at present no executive power of veto in
England.
Qualified Veto: A veto is 'qualified' when
it can be overridden by an extraordinary
majority of the Legislature and the Bill can
be enacted as law with such majority vote,
overriding the executive veto. The veto of the
American President is of this class. When a
Bill is presented to the President, he may, if
he does not assent to it, return the Bill within
10 days with a statement o of this objection,
to that branch of Congress in which it
originated. Each House of Congress then
reconsiders the Bill and if it is adopted again
in each House, by a two-thirds vote of the
members present, - the Bill becomes a law,
notwithstanding the absence of the
President's signature. The qualified veto isthen overridden. But, if it fails to obtain that
two-thirds majority, the veto stands and the
Bill fails to become law. In the result, the
qualified veto serves as a means to the
Executive to point out the defects of the
legislation and to obtain a reconsideration
by the Legislation but ultimately the extraordinary
majority of the Legislature prevails.
The qualified veto is thus a useful device in
the United States where the Executive has
no power of control over the Legislature, by
prorogation, dissolution or otherwise.
Suspensive Veto: A veto is suspensive when
the executive veto can be overridden by the
Legislature by an ordinary majority. To this
type belongs the veto power of the French
President. If, upon reconsideration, Parliament
passes the Bill again by a simple majority,
the President has no option but to
promulgate it.
Pocket Veto: There is a fourth type of veto
called the 'pocket veto' which is possessed by
the American President. When a Bill is presented
to him. He may neither sign the Bill
nor return the Bill for reconsideration within
10 days. He may simply let the Bill lie on his
desk until the ten-day limit has expired. But,
if in the meantime, Congress has adjourned
(i.e., before expiry of the period of ten days
from presentation of the Bill to the President),
the Bill fails to become a law. This
method is known as the 'pocket veto', for, by
simply withholding a Bill presented to the
President during the last few days of the
session of Congress the President can prevent
the Bill to become law.
