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Presidential Assent in India: A Comprehensive Guide
Disclaimer: This blog post provides general information on Presidential assent under the Indian Constitution. It is not legal advice. Laws and interpretations can vary by case. Consult a qualified lawyer for specific guidance.
In India's federal structure, Presidential assent plays a pivotal role in resolving conflicts between state laws and central laws, especially on subjects in the Concurrent List. Under Article 254(2) of the Constitution, a state law repugnant to a central law can prevail if reserved for the President's consideration and assented to. But when exactly is this assent required? This post breaks down the concept, drawing from landmark Supreme Court judgments.
What is Presidential Assent?
Presidential assent refers to the President's approval of a state bill under Article 200 (general assent) or Article 254(2) (for repugnancy). Article 254(1) states that if a state law conflicts with a central law on a Concurrent List subject, the central law prevails. However, Article 254(2) offers an exception: the state law prevails if it has received Presidential assent.
Key principle: Assent is not a mere formality. It requires the state to highlight repugnancy and seek specific consideration. As held, consideration by the President and his assent under Article 254(2) is limited to the proposal made by the State Government – the assent is qua the specific repugnancy pointed out. [
Search Results for "Presidential Assent in India: Key Rules Explained"
1978 0 Supreme(SC) 29 • India - Supreme Court
P. S. KAILASAM, S. MURTAZA FAZAL ALI, V. R. KRISHNA IYER, Y. V. CHANDRACHUD, N. L. UNTWALIA, M. H. BEG, P. N. BHAGWATI
Union of India, AIR 1970 SC 564=(1970) 3 SCR 530. ... Union of India, AIR 1978 SC 597=(1978) I SCC 248=AIR 1978 SC 597=(1978) I SCC 248=(1960) 2 SCR 671 (at p. 691), after citing with approval the case ... Law is law when it is legitimated by the conscience and consent of the community generally.
1977 0 Supreme(SC) 350 • India - Supreme Court
M. H. BEG, P. K. GOSWAMI, P. N. BHAGWATI, P. N. SHINGHAL, V. R. KRISHNA IYER
Democratic rule of law calls for a play of principles of natural justice. ... election in appropriate form through election petition as per provisions of law. ... the jurisdiction to undo illegality and injustice and do complete justice within the parameters set by the existing law, as held ... , cannot but assent to it. ... the rule of law and not stultifying the Presidential notification nor exi....
1973 0 Supreme(SC) 264 • India - Supreme Court
H.R.KHANNA, P.JAGANMOHAN REDDY, V.R.KRISHNA IYER
and weapons and manner of causation run congruous - Photographic picturisation of blows and kicks and hits and strikes in an attack ... eye-witness it may be enough to sustain conviction given on sterling testimony of a competent, honest man, although as a rule of ... effect of evidence otherwise sufficient - Motives of men are often subjective, submerged and unamenable to easy proof that courts ... In India the law has been laid down on these lines ....
1951 0 Supreme(SC) 70 • India - Supreme Court
M.C.MAHAJAN, S.MURTAZA FAZAL ALI, VIVIAN BOSE
PUBLIC ORDER - DUTIES AND POWER OF PUBLIC AUTHORITIES ... ... power in the Court to compel him to give relief to the subject, is to state a proposition to which their Lordships must refuse assent ... The law in India is not different except that there must be a demand and a denial in substance though neither need be made in so ... This sanction occasioned representations to Government presumably by the "public" who were opposing the scheme.
1973 0 Supreme(SC) 163 • India - Supreme Court
S. M. SIKRI, J. M. SHELAT, K. S. HEGDE, A. N. GROVER, A. N. RAY, P. JAGANMOHAN REDDY, D. G. PALEKAR, H. R. KHANNA, K. K. MATHEW, M. H. BEG, S. N. DWIVEDI, A. K. MUKHERJEA, Y. V. CHANDRACHUD
Can we adopt a presidential system of Government in place of the parliamentary system ? ... from the presidential form of Government. (12) Article 368 can be amended but cannot be amended to empower Parliament to alter or ... the judiciary;(11) A Parliamentary form of Government as distinct from Presidential form of Government;(12) The
1957 0 Supreme(All) 220 • India - Allahabad
MEHROTRA
of assent by the President, which was different from the date mentioned in the proviso. ... ACT - DATE OF ASSENT OF PRESIDENT. ... notices under Section 7 commenced from the date of assent of the President to the Administration ....
2010 0 Supreme(P&H) 1416 • India - Punjab and Haryana
MUKUL MUDGAL, JASBIR SINGH
--Notification dated 8.5.95 amending provisions of Sections 2 and 3--Assent of President--As per established law, once assent by ... 2 and 3--Held that in the 1961 Act, to which assent of the President was obtained, there existed a provision to exclude land from ... Principal Act, does not need assent #HL_STA....
2002 6 Supreme 608 • India - Supreme Court
D.M.DHARMADHIKARI, DORAISWAMY RAJU, G.B.PATTANAIK, M.B.SHAH, S.N.VARIAVA
assent of the President is subject of legislative procedure. ... Obtaining and giving assent by the President is not part of any legislative procedure because in the event of conflict between ... assent is qua a particular law made by the Par....
2004 0 Supreme(Cal) 232 • India - Calcutta
BHASKAR BHATTACHARYA
assent of the President of India, those provisions were invalid. ... taking subsequent assent of the President of India, those provisions are invalid. ... Whether the impugned legislation was unconstitutional for lack of Presidential assent? 2. ... , the Amendment of 1989 A....
1978 0 Supreme(MP) 33 • India - Madhya Pradesh
H.G.MISHRA, SHIV DAYAL, R.L.MURAB, A.R.NAVKAR, S.J.SURANA
it received the assent of the President, no amendment can be made in it by Ordinance of the Governor without the President's assent ... , assent of the President is not necessary. ... (1) Constitution of India - Art. 213(1) - Act receiving the assent of #H....
2021 0 Supreme(SC) 300 • India - Supreme Court
A. M. KHANWILKAR, DINESH MAHESHWARI
The Act received assent of the President of India on 27.09.2013 and came into force w.e.f. 01.01.2014. ... If so, did the presidential assent to Section 105A inserted by Tamil Nadu Act No. 1 of 2015, revive the three acts?….” ... Therefore, these state enactments are rendered void, the moment the New Act was “made.” i.e. when it received the presidential assent, as on 27.09.2013.” ... The 2014 Act received Presidential assent on 01.01.2015 and was ap....
2022 0 Supreme(SC) 1773 • India - Supreme Court
SANJAY KISHAN KAUL, M. M. SUNDRESH
It is the say of the learned counsel for the petitioners that under Article 254(2) of the Constitution of India the Presidential assent has to be with regard to the law ‘already enacted’ by the Parliament or the ‘existing law’. ... He thus submits that it does not contemplate that if a Presidential assent has been taken, it shall override all other laws which would be enacted in future by the Parliament, since Parliament in its wisdom has enacted the Contract Labour (Regulation and Abolition) Act, 1970 (Contract Labour A....
2023 0 Supreme(All) 1959 • India - Allahabad
SIDDHARTHA VARMA, AJIT KUMAR
of India. ... assent to the Act on 24.1.1951. ... Having heard learned counsel for the parties, this Court finds that before conclusively answering the question as has been framed by us, it definitely becomes essential that we call upon the learned Advocate General to answer as to whether there was a Presidential assent to the Act No. 27 of 2004. ... It, therefore, becomes imperative for us to first look into the question of legislative competence of the State in incorporating a provision which we find to be prima facie ....
2006 0 Supreme(Sikk) 4 • India - Sikkim
N.S.SINGH, A.P.SUBBA
It has also been denied that the said Act No. 1 of 1988 failed for want of Presidential Assent. ... Whether the said object was achieved by obtaining the Presidential Assent is beside the point. ... On the issue at hand, we find it pertinent to note that, what is contended, is that, Act No. 1 of 1988 had failed for want of presidential assent, and such Act cannot be revived by obtaining Presidential assent at a later date. ... Central Bank of #HL_STA....
2006 0 Supreme(Sikk) 3 • India - Sikkim
N.S.SINGH, A.P.SUBBA
It has also been denied that the said Act No. 1 of 1988 failed for want of Presidential Assent. ... Whether the said object was achieved by obtaining the Presidential assent is beside the point. ... On the issue at hand, we find it pertinent to note that, what is contended, is that, Act No. 1 of 1988 had failed for want of presidential assent, and such Act cannot be revived by obtaining presidential assent at a later date. ... Central Bank of #HL_STA....
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