Unsigned Bills: Law Or Not?

The process of how a bill becomes a law differs in each country. In the United States, for example, a bill is first introduced and assigned to a committee that researches, discusses, and makes changes to the bill. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through the same process in the other body. Once both bodies vote to accept a bill, they must work out any discrepancies between the two versions. Afterward, the bill is enrolled and presented to the President, who has ten days to sign or veto it. If the President does not sign the bill within the ten-day period and Congress is no longer in session, the bill will not become law. This action is called a pocket veto. However, in India, the President can indefinitely postpone action on a bill, effectively vetoing it without a specified time frame.

The bill-signing deadline

During the bill-signing deadline, the president or other officials have three options: they can sign the bill, veto it, or take no action. If the bill is signed within the deadline, it becomes law. However, if the president chooses to veto the bill, it is returned to the originating chamber of Congress, where it can be voted on again. If both chambers of Congress pass the bill with a two-thirds majority, the veto is overridden, and the bill becomes law without the president's signature.

On the other hand, if the president takes no action on the bill within the ten-day period, a "pocket veto" may occur. A pocket veto allows the president to effectively kill the bill by taking no action on it while Congress is no longer in session. This legislative manoeuvre is specific to certain countries, such as the United States, and cannot be overridden by Congress. Therefore, it is essential for those interested in the passage of legislation to be aware of the bill-signing deadline, as it can significantly impact the fate of a bill.

Congressional override of a veto

In the United States, the lawmaking branch of the federal government is Congress, which comprises the House of Representatives and the Senate. Once a bill has been introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through the same process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Once the same version of a bill has been passed by both chambers of a legislature, the executive must sign or veto the bill within the bill-signing deadline.

If the president chooses to veto a bill, Congress can vote to override that veto, and the bill will become a law. The House and the Senate must each hold a vote, requiring a two-thirds majority to pass. This is a rare occurrence, with US presidents vetoing more than 2,500 bills, and Congress overriding the president less than five per cent of the time.

There is one type of veto that cannot be overridden by Congress. If the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This action is called a pocket veto.

Pocket vetoes

A pocket veto occurs when a bill fails to become law because the president does not sign it within a specified time period, usually ten days (not including Sundays), and cannot return the bill to Congress because Congress is no longer in session. This action is taken by the president to indefinitely postpone action on a bill, effectively vetoing it.

In the United States, if the president does not sign a bill within ten days of its passage by Congress, it automatically becomes law. However, if Congress adjourns within this time frame and the president still does not sign, the bill is automatically vetoed, and this cannot be overridden by Congress. This is a pocket veto.

The first use of the pocket veto was by James Madison in 1812. Franklin D. Roosevelt had an outstanding number of pocket vetoes—during his presidency from 1933 to 1945, he had 263 pocket vetoes out of a total of 635 vetoes. All presidents after him until George W. Bush had pocket vetoes while in office.

The President of Finland also has the power to use pocket vetoes, but these are only temporary. The Indian Constitution does not give a specific timeframe for presidential action on a bill, so a pocket veto can be used to indefinitely postpone action on a bill, and effectively veto it. Zail Singh, the President of India from 1982 to 1987, used a pocket veto to prevent the Indian Post Office (Amendment) Bill from becoming law.

The legislative process

Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then presented to one chamber of Congress for voting. If it passes, the bill goes through a similar process in the other chamber. After both chambers of Congress have approved a bill, they must reconcile any differences between their two versions.

At this point, the bill is enrolled, meaning it is prepared in its final official form and presented to the President. The President has ten days, excluding Sundays, to sign or veto the bill. If the President signs the bill within this period, it becomes law. If the President does not act on the bill within the ten-day period, it still becomes law without their signature. However, if Congress adjourns before the ten days are up, the President can exercise a pocket veto, effectively killing the bill without having to formally veto it.

If the President vetoes a bill, it is returned to the chamber of Congress where it originated. This chamber can attempt to override the veto, but it requires a two-thirds majority vote, making it a challenging feat. If the veto override vote is successful, the bill then goes to the other chamber for its own override vote, again needing a two-thirds majority. If both chambers successfully override the veto, the bill becomes law.

Presidential assent

In the United States, Congress is the law-making branch of the federal government. A bill is a proposal for a new law or a change to an existing law. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Once the same version of a bill has passed both chambers of a legislature, the executive must sign or veto the bill within the bill-signing deadline.

In the US, the President has the power to veto a bill. If the President vetoes a bill, it is returned to the congressional chamber in which it originated. The chamber may then attempt to override the President's veto, but this requires a two-thirds majority vote, which is difficult to achieve. If the veto override vote is successful, the other chamber then decides whether or not to attempt its own override vote, which also requires a two-thirds majority. If both chambers vote to override the veto, the bill becomes law without the President's signature.

If the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be pocket vetoed. A pocket veto occurs when a bill fails to become law because the President does not sign it within the ten-day period and cannot return the bill to Congress because Congress is no longer in session. A pocket veto cannot be overridden by Congress.

In some other countries, such as India and Barbados, the President must declare their assent to a bill passed by both houses of Parliament or withhold their assent, but there is no specific timeframe given for presidential action on a bill. By indefinitely postponing action on a bill and not sending it back to Parliament, the President effectively vetoes it without having to formally exercise their veto power.

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