Assent
Constitution of India, Article 254 (2)
Use of the word ''assent'' in clause (2), of Art 254 of the Constitution implies knowledge of the President to the repugnancy between the State law and the earlier law made by Parliament on the same subject-matter and the reasons for grant of such assent. The word ''assent'' would mean in the context as an expressed agreement of mind to what is proposed by the State.Different meanings given to the word ''assent'' in various dictionaries, which are as under:
Corpus Juris Secundum
Assent (as a noun)-A passive act of concurrence; the act of the mind in admitting or agreeing to anything; the act of agreeing or consenting to accept some proposition; and, by context, ''acceptance''. It also has been defined as agreement or approval; ... ''Assent'' implies knowledge of some kind in the party assenting to that to which he assents; also permission on the part of the party assenting; ... As used in some statutes, however, the term has been held to require affirmative, positive action on the part of the party assenting. It has been said that the term indicates the meeting of the minds of the contracting parties, and that the word is applicable only to conduct before or at the time of the doing of an act and hence does not include an approval after the commission of an act....
Assent (as a verb)-The verb implies affirmative action of some sort as distinguished from mere silence and inaction; and has been defined as meaning to accept, agree to, or consent, to accord, agree, concede, or yield; to express an agreement of the mind to what is alleged or proposed; to express one's agreement, acquiescence, or concurrence; also to admit a thing as true; to approve, ratify, or confirm; and sometimes to authorize or empower.
Shorter Oxford Dictionary
Assent-The concurrence of the will, compliance with a desire. 2. Official, judicial, or formal sanction; the action or instrument that signifies such sanction ME. 3. Accord. 4. Opinion. 5. Agreement with a statement, or matter of opinion; mental acceptance.
Bouvier's Law Dictionary
Assent - Approval of something done. An undertaking to do something in compliance with a request....
Law Lexicon of British India by P. Ramanatha Aiyar
Assent-The act of the mind in admitting or agreeing to the truth of a proposition proposed for acceptance; consent, agreeing to; to admit, yield, or concede; to express an agreement of the mind to what is alleged or proposed, (as) royal assent or Viceroy's assent to an enactment passed in the Legislative Assembly; Executor's assent to a legacy; assent of a corporation to bye-laws.
Royal assent, in England, the approbation given by the Sovereign in Parliament to a Bill which has passed both Houses, after which it becomes law. This assent may be given in two ways: (a) In person, when the Sovereign comes to the House of Peers, the Commons are sent for, and the titles of all the Bills which have passed are read. The royal assent is declared in Norman-French by the Clerk of Parliament. (b) By Letters Patent, under the great seal signed by the Sovereign, and notified in his or her absence.
Webster's Third New International Dictionary (Vol. 1)
''Assent - 1. ... common accord : general approval c: concurrence with approval: ... 2. The accepting as true or certain of something (as a doctrine or conclusion) proposed for belief....''
Random House Dictionary
Assent - To agree or concur; subscribe to (often foll. by to): to assent to a statement. 2. To give in; yield; concede; assenting to his demands, she did as she was told - n. 3. Agreement, as to a proposal; concurrence. 4. Acquiescence; compliance.
Words & Phrases Judicial Dictionary - Mitra
''Assent - Assent means agreeing to or recognizing a matter ... etc. Wharton's Law Lexicon.''
Applying the aforesaid meaning of the word ''assent'' and from the phraseology used in clause (2), the object of Article 254(2) appears that even though the law made by Parliament would have supremacy, after considering the situation prevailing in the State and after considering the repugnancy between the State legislation and the earlier law made by Parliament, the President may give his assent to the law made by the State Legislature. This would require application of mind to both the laws and the repugnancy as well as the peculiar requirement of the State to have such a law, which is repugnant to the law made by Parliament. The word ''assent'' is used purposefully indicating affirmative action of the proposal made by the State for having law repugnant to the earlier law made by Parliament. It would amount to accepting or conceding and concurring to the demand made by the State for such law. This cannot be done without consideration of the relevant material. Hence, the phrase used is ''reserved for consideration'', which under the Constitution cannot be an idle formality but would require serious consideration on the material placed before the President. The ''consideration'' could only be to the proposal made by the State. [Kaiser-I-Hind (P) Ltd. v. National Textile Corpn., (2002) 8 SCC 182 (197, 198, 199)]