Article 111 of the Costitution of India with Case law
🔹 Article 111 of the Constitution of India: Assent to Bills
📜 Text of Article 111:
When a Bill has been passed by both the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom:
Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill (if it is not a Money Bill) with a request for reconsideration of the Bill or any specified provisions thereof by the Houses of Parliament.
If the Bill is passed again by the Houses with or without amendment and presented to the President, the President shall not withhold assent therefrom.
🔎 Explanation of Article 111:
Once both Lok Sabha and Rajya Sabha pass a bill, it is sent to the President of India for approval.
The President has three options:
Give assent – The bill becomes law.
Withhold assent – The bill fails.
Return the bill (only if it's not a Money Bill) with a request for reconsideration.
If Parliament passes it again, with or without changes, the President must give assent.
🟨 Important Limitation:
This return power does not apply to Money Bills – the President can only either assent or withhold, not return for reconsideration.
⚖️ Relevant Case Laws:
1. K. Nagaraj v. State of Andhra Pradesh (1985) 1 SCC 523
Held: President's assent under Article 111 is not a mere formality; it's a constitutional function, and once given, the law becomes valid.
Court emphasized that assent is a conscious act and may involve some application of mind, even though discretion is limited.
2. Gram Panchayat of Village Jamalpur v. Malwinder Singh, AIR 1985 SC 1394
It was held that once a bill receives Presidential assent, it becomes a law under Article 111, and its constitutional validity can still be challenged in courts, if required.
3. Samsher Singh v. State of Punjab, AIR 1974 SC 2192
Clarified that the President exercises powers under Article 111 on the advice of the Council of Ministers (Article 74). He does not act independently.
4. M. Karunanidhi v. Union of India, AIR 1979 SC 898
In this case, the timing and communication of assent was questioned. The court clarified that a bill becomes law only after the President gives assent, not when it is passed by Parliament.
📌 Key Takeaways:
| Aspect | Detail |
|---|---|
| Who sends the Bill? | Parliament (after passing by both Houses) |
| Who acts on it? | President of India |
| Can return a Bill? | Yes – if not a Money Bill |
| Can withhold assent? | Yes – but if re-passed after return, must give assent |
| Discretion? | Limited – functions on aid and advice of Council of Ministers |
| Assent effect? | Bill becomes an Act (law) once assent is given |
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