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Legislative Powers of the President

UPSC Civil Services• POLITY• Union Executive• Legislative Powers of the President
Explains the legislative powers of the President of India, including summoning and proroguing Parliament, dissolution of Lok Sabha, presidential addresses, nomination of Rajya Sabha members, assent and veto powers, Money Bills, Constitutional Amendment Bills, joint sittings, Ordinance-making under Article 123, State Bills under Article 201, important Supreme Court judgments, UPSC Prelims facts and traps, and Mains answer framework.

Legislative Powers of the President

Introduction

The President of India is an integral part of the Parliament and exercises several important legislative powers.

Under:

Article 79

Parliament consists of:

  • President
  • Rajya Sabha
  • Lok Sabha

However, the President is:

Not a Member of Either House

The President's legislative powers include:

  • Summoning and proroguing Parliament
  • Dissolving Lok Sabha
  • Addressing Parliament
  • Nominating members to Rajya Sabha
  • Assenting to Bills
  • Returning Bills for reconsideration
  • Promulgating Ordinances
  • Recommending introduction of certain Bills
  • Making certain constitutional appointments connected with Parliament

1. Constitutional Basis

Important Articles relating to the President's legislative powers include:

Article 79 → Constitution of Parliament

Article 85 → Sessions of Parliament

Article 86 → Right to Address and Send Messages

Article 87 → Special Address

Article 80 → Nomination to Rajya Sabha

Article 111 → Assent to Bills

Article 117 → Financial Bills

Article 123 → Ordinance-Making Power

Article 108 → Joint Sitting


2. President as a Part of Parliament

Article 79 provides that:

Parliament consists of the President and two Houses.

The two Houses are:

Rajya Sabha

and:

Lok Sabha

Important

The President is a:

Constituent Part of Parliament

but is:

Not a Member of Either House

Prelims Trap

President is a member of Parliament because Article 79 includes the President.

False

The President is a component of Parliament, not a member of either House.


3. Summoning Parliament

Under:

Article 85

the President summons:

Both Houses of Parliament

The President determines:

Time and Place of the Sessions

subject to the constitutional requirement that:

Not more than six months shall intervene between two sessions of Parliament.

Memory

President → Summons Parliament

Maximum Gap → 6 Months


4. Six-Month Rule

The Constitution does not require Parliament to meet after exactly six months.

It requires that:

Six months must not intervene between the last sitting of one session and the first sitting of the next session.

Therefore:

Maximum Constitutional Gap → Less than Six Months

Prelims Trap

Parliament must meet exactly twice every year.

False

The Constitution only specifies the maximum interval between sessions.


5. Prorogation of Parliament

The President can:

Prorogue either House

or:

Both Houses

Prorogation means:

Termination of a Session of Parliament

Important

Prorogation is different from:

Adjournment


6. Adjournment vs Prorogation

Adjournment

Means:

Suspension of a sitting

It is done by:

Presiding Officer

Prorogation

Means:

Termination of a Session

It is done by:

President

Memory

Adjournment → Sitting

Prorogation → Session


7. Dissolution of Lok Sabha

The President can:

Dissolve Lok Sabha

This ends the:

Life of the Lok Sabha

In the parliamentary system, the President ordinarily exercises this power on:

Advice of the Council of Ministers

Important

Rajya Sabha:

Cannot Be Dissolved

because it is a:

Permanent House


8. Dissolution vs Prorogation

DissolutionProrogation
Ends Lok Sabha's lifeEnds a session
Only Lok SabhaEither House or both
Fresh election requiredNo fresh election
PresidentPresident

Memory

Dissolution → House Ends

Prorogation → Session Ends


9. President's Right to Address Parliament

Under:

Article 86

the President may address:

Either House

or:

Both Houses

assembled together.

The President may also:

Send Messages to either House

on pending Bills or other matters.


10. President's Special Address

Under:

Article 87

the President addresses both Houses assembled together:

At the commencement of the first session after each general election

and:

At the commencement of the first session of each year

Memory

Article 87 → Special Address


11. Difference Between Article 86 and Article 87

Article 86

President:

May Address

either House or both Houses.

Article 87

President:

Must Address

both Houses assembled together on specified occasions.

Prelims Trap

Both Article 86 and Article 87 deal with exactly the same presidential address.

False


12. Purpose of Special Address

The President's Special Address outlines:

Government's Policies and Priorities

It is prepared by:

The Government

and delivered by:

The President

Important

The speech represents:

Government Policy

rather than the President's personal political programme.


13. Nomination to Rajya Sabha

Under:

Article 80

the President nominates:

12 Members

to the Rajya Sabha.

These persons should have:

Special Knowledge or Practical Experience

in:

  • Literature
  • Science
  • Art
  • Social Service

Memory

Rajya Sabha → 12 Nominated by President


14. Purpose of Nominated Members

The nomination provision allows Parliament to benefit from:

Specialised Knowledge and Experience

that may not necessarily be represented through ordinary elections.


15. Anglo-Indian Nomination to Lok Sabha

The Constitution earlier allowed the President to nominate up to:

Two Anglo-Indian Members

to Lok Sabha in specified circumstances.

However, this provision ceased to operate after the:

104th Constitutional Amendment Act, 2019

UPSC Point

Anglo-Indian Nomination to Lok Sabha → No Longer Operational


16. Assent to Bills

After a Bill is passed by Parliament, it is presented to:

The President

Under:

Article 111

the President may exercise different options depending on the type of Bill.

For an ordinary Bill, the President may:

  • Give assent
  • Withhold assent
  • Return the Bill for reconsideration

17. Absolute Veto

When the President:

Withholds Assent

the Bill does not become law.

This is known as:

Absolute Veto

It means:

Bill Rejected


18. Suspensive Veto

The President may return an ordinary Bill to Parliament for:

Reconsideration

This is called:

Suspensive Veto

If Parliament passes the Bill again:

The President must give assent.

Important

Suspensive veto does not apply to:

Money Bills


19. Pocket Veto

The Constitution does not prescribe a specific period within which the President must decide an ordinary Bill.

Therefore, the President may keep a Bill pending.

This is commonly known as:

Pocket Veto

Memory

No Constitutional Time Limit → Pocket Veto Possible


20. President and Ordinary Bills

For an ordinary Bill:

President receives Bill

↓

Give Assent

or:

Withhold Assent

or:

Return Once for Reconsideration

↓

If Parliament passes again:

Assent Becomes Mandatory


21. President and Money Bills

A Money Bill has special constitutional treatment.

A Money Bill can be introduced in Lok Sabha only with:

Prior Recommendation of the President

However, after Parliament passes the Money Bill:

The President cannot return it for reconsideration.

The President may:

Give Assent

or:

Withhold Assent

according to the constitutional framework.

Prelims Memory

Money Bill → Recommendation Before Introduction

No Return → After Passage


22. President and Financial Bills

Certain Financial Bills require:

President's Recommendation

before introduction.

The specific requirements depend on the category of Financial Bill under:

Article 117

Important

Do not treat:

Money Bill

and:

Financial Bill

as identical.


23. Constitutional Amendment Bills

A Constitutional Amendment Bill is governed by:

Article 368

After being properly passed according to the constitutional procedure:

The President shall give assent.

The President therefore does not have:

Veto Power

over a duly passed Constitutional Amendment Bill.

Prelims Trap

President can return a Constitutional Amendment Bill for reconsideration.

False


24. President and Joint Sitting

Under:

Article 108

the President may summon a:

Joint Sitting of Both Houses

in certain cases of disagreement over an ordinary Bill.

The joint sitting is presided over by:

Speaker of Lok Sabha

Important

The President does not personally preside over the joint sitting.


25. When Can Joint Sitting Be Called?

A joint sitting may be summoned when:

  • One House rejects a Bill passed by the other House
  • Houses disagree on amendments
  • More than six months pass without the other House passing the Bill

subject to constitutional limitations.

Important

Joint sitting does not apply to:

Money Bills

or:

Constitutional Amendment Bills


26. President and Private Members' Bills

The President's legislative powers apply within the constitutional parliamentary process.

Certain Bills may require:

Presidential Recommendation

depending on their subject matter.

Therefore the President has a formal role even when legislative initiatives originate from:

Private Members

where constitutional requirements apply.


27. Ordinance-Making Power

Under:

Article 123

the President may promulgate an:

Ordinance

when:

Both Houses of Parliament are not in session

and:

Immediate action is necessary


28. Ordinance Is a Legislative Power

Although exercised by the President, ordinance-making is classified as:

Legislative Power

because an Ordinance has:

The Same Force and Effect as an Act of Parliament

subject to constitutional limitations.

Prelims Trap

Ordinance is an executive order with no legislative character.

False

It is a legislative power of the President.


29. When Can an Ordinance Be Issued?

The constitutional conditions are:

Both Houses are not in session

Immediate action is necessary

The President acts on:

Advice of the Council of Ministers


30. Duration of Ordinance

An Ordinance must be laid before:

Both Houses of Parliament

When Parliament reassembles, the Ordinance ceases to operate:

Six weeks after reassembly

unless:

  • Parliament passes legislation replacing it
  • It is withdrawn earlier
  • It otherwise ceases under the Constitution

Memory

Ordinance → 6 Weeks After Reassembly


31. Ordinance and Parliamentary Control

The ordinance-making power is:

Temporary

and:

Subject to Parliamentary Approval

It cannot constitutionally be used as a permanent substitute for:

Parliamentary Legislation


32. Re-promulgation of Ordinances

Repeatedly issuing the same Ordinance without placing it properly before Parliament can undermine:

Legislative Supremacy

The Supreme Court has strongly disapproved of:

Routine Re-promulgation

Important Case

D.C. Wadhwa v. State of Bihar, 1987

Memory

D.C. Wadhwa → Re-promulgation


33. Krishna Kumar Singh Case

In:

Krishna Kumar Singh v. State of Bihar, 2017

the Supreme Court further examined:

Ordinance-Making Power

and:

Constitutional Limits on Re-promulgation

Memory

Krishna Kumar Singh → Ordinance Limits


34. President and Parliamentary Sessions

The President has formal powers relating to:

Summoning

Prorogation

Dissolution

These powers ensure:

Continuity of Parliamentary Government


35. President and Lok Sabha

The President can:

  • Summon Lok Sabha
  • Prorogue Lok Sabha
  • Dissolve Lok Sabha
  • Address Lok Sabha
  • Give assent to Bills passed by Lok Sabha and Rajya Sabha
  • Promulgate Ordinances when constitutional conditions are met

36. President and Rajya Sabha

The President can:

  • Summon Rajya Sabha
  • Prorogue Rajya Sabha
  • Address Rajya Sabha
  • Send messages
  • Nominate 12 members
  • Give assent to Bills passed by Parliament

Important

The President:

Cannot Dissolve Rajya Sabha


37. President and Parliamentary Deadlock

When the two Houses disagree on an ordinary Bill, the President may summon:

Joint Sitting

subject to Article 108.

This mechanism is intended to resolve:

Legislative Deadlock


38. President and Constitutional Amendments

The President's role in constitutional amendment is limited but essential.

After Parliament follows the required procedure under:

Article 368

the President:

Shall Give Assent

Memory

Article 368 → Mandatory Presidential Assent


39. President and State Bills

The President also has a role in relation to certain Bills passed by:

State Legislatures

A Governor may reserve a Bill for the consideration of the President.

The President may then:

  • Give assent
  • Withhold assent
  • In the case of a non-Money Bill, direct the Governor to return it to the State Legislature for reconsideration

Important

This is an important aspect of:

Union-State Legislative Relations


40. Article 201

When a State Bill is reserved for the consideration of the President:

Article 201

governs the President's options.

For a Bill other than a Money Bill, the President may direct the Governor to:

Return the Bill to the State Legislature for reconsideration

If the State Legislature passes it again:

The Constitution does not make presidential assent mandatory in the same manner as Article 111 for an ordinary parliamentary Bill.

Prelims Point

State Bill Reserved for President → Article 201


41. President and State Legislative Council

The President has no direct power to create or abolish a State Legislative Council.

Under:

Article 169

Parliament may create or abolish a State Legislative Council after the State Legislature passes the required resolution.

The President's role is therefore different from:

Parliament's Legislative Authority


42. President and Parliamentary Privileges

The President is not a member of either House and therefore does not participate in parliamentary proceedings as a member.

However, the President is constitutionally connected to Parliament through:

Article 79

and exercises several formal legislative functions.


43. President and Political Executive

The President's legislative powers are generally exercised on:

Aid and Advice

Therefore:

Formal Constitutional Role → President

Policy Decision → Council of Ministers


IMPORTANT SUPREME COURT JUDGMENTS

44. Shamsher Singh v. State of Punjab, 1974

The Supreme Court held that the President and Governors generally exercise constitutional powers:

On the Aid and Advice of the Council of Ministers

Memory

Shamsher Singh → Aid and Advice


45. D.C. Wadhwa v. State of Bihar, 1987

The Supreme Court criticised:

Repeated Re-promulgation of Ordinances

because it can undermine:

Legislative Process

Memory

D.C. Wadhwa → Ordinance Re-promulgation


46. Krishna Kumar Singh v. State of Bihar, 2017

The Supreme Court further clarified the constitutional limitations surrounding:

Ordinance-Making Power

and parliamentary control.

Memory

Krishna Kumar Singh → Ordinance + Legislative Accountability


UPSC PRELIMS FACTS

47. Core Articles

Article 79 → Parliament

Article 80 → Rajya Sabha Composition

Article 85 → Sessions

Article 86 → Address and Messages

Article 87 → Special Address

Article 108 → Joint Sitting

Article 111 → Assent to Bills

Article 117 → Financial Bills

Article 123 → Ordinances

Article 201 → State Bills Reserved for President


48. Parliamentary Session Facts

Summon → President

Prorogue → President

Dissolve Lok Sabha → President

Dissolve Rajya Sabha → No

Maximum Gap Between Sessions → 6 Months

Adjournment → Presiding Officer

Prorogation → President


49. Bill-Related Facts

Ordinary Bill → Return Once

Money Bill → Cannot Return

Constitutional Amendment Bill → Assent Mandatory

Financial Bill → Certain Categories Require Recommendation

Joint Sitting → Certain Ordinary Bills

Money Bill → No Joint Sitting

Constitutional Amendment Bill → No Joint Sitting


50. Ordinance Facts

Article 123 → Ordinance

Both Houses Not in Session → Required

Immediate Action Necessary → Required

Same Force and Effect as Act of Parliament

Six Weeks After Reassembly → Normal Constitutional Limit

Parliamentary Control → Essential


UPSC PRELIMS TRAPS

Trap 1

President is a member of Lok Sabha or Rajya Sabha.

False

The President is a:

Part of Parliament

but not a member of either House.


Trap 2

President can dissolve Rajya Sabha.

False

Rajya Sabha is:

Permanent House


Trap 3

Prorogation ends the life of Lok Sabha.

False

Prorogation ends:

A Session

Dissolution ends:

The Life of Lok Sabha


Trap 4

Adjournment is done by the President.

False

Adjournment is done by:

Presiding Officer


Trap 5

President must address Parliament at the beginning of every session.

False

Article 87 specifies:

First Session After General Election

and:

First Session of Each Year


Trap 6

President can return a Money Bill for reconsideration.

False

A Money Bill:

Cannot Be Returned


Trap 7

President can return a Constitutional Amendment Bill.

False

The President:

Shall Give Assent

after proper passage.


Trap 8

President can issue an Ordinance while both Houses are in session.

False

The constitutional condition requires:

Both Houses Not in Session


Trap 9

Ordinance is permanent unless Parliament repeals it.

False

It is temporary and normally ceases:

Six Weeks After Parliament Reassembles

unless otherwise dealt with.


Trap 10

President personally drafts the government's policy speech.

False

The Special Address reflects:

Government Policy


Trap 11

President nominates members to Lok Sabha from the Anglo-Indian community today.

False

The provision ceased to operate after the:

104th Constitutional Amendment Act, 2019


Trap 12

President can always withhold assent from a Constitutional Amendment Bill.

False

Under Article 368:

Presidential Assent is Mandatory


PRESIDENT'S LEGISLATIVE POWERS — COMPARISON

51. Parliamentary Powers

Summon

Prorogue

Dissolve Lok Sabha

Address

Send Messages


52. Bill Powers

Assent

Withhold Assent

Return Ordinary Bill

Recommendation for Certain Bills


53. Ordinance Powers

Promulgate Ordinance

Withdraw Ordinance

Lay Ordinance Before Parliament


54. Nomination Powers

12 Rajya Sabha Members

from:

Literature + Science + Art + Social Service


55. State Legislative Role

Reserved State Bill → President

Article 201


MAINS RELEVANCE

56. Parliamentary Democracy

The President's legislative powers demonstrate the principle that:

Executive + Legislature are Constitutionally Interconnected

The President is a component of Parliament while remaining:

Outside the Membership of Either House


57. Constitutional Balance

The President's legislative powers balance:

Executive Initiative

with:

Parliamentary Deliberation

and:

Constitutional Control


58. Ordinance and Democratic Accountability

The ordinance power provides:

Speed of Legislative Action

but creates a risk of:

Bypassing Parliamentary Deliberation

Therefore, constitutional safeguards and judicial review are important.


59. Veto Power and Constitutional Function

The President's veto powers can act as:

A Constitutional Check

but in a parliamentary system they are ordinarily exercised within:

Ministerial Advice


60. President and Federalism

The President's consideration of State Bills reserved under:

Article 201

illustrates the role of the Union constitutional framework in:

Centre-State Legislative Relations


61. Mains Answer Framework

For:

"Discuss the legislative powers of the President of India."

Use:

Introduction

Mention:

Article 79 + President as Component of Parliament

Body

Parliamentary Powers

  • Summoning
  • Prorogation
  • Dissolution
  • Address

Bill Powers

  • Assent
  • Veto
  • Reconsideration
  • Financial recommendations

Ordinance

Article 123

Nomination

12 Rajya Sabha Members

State Bills

Article 201

Constitutional Limitations

Article 74

Parliamentary Control

Judicial Review

Conclusion

The President acts as a constitutional link between the executive and legislative branches.


62. Ready-Made Mains Introduction

"The President is an integral component of Parliament under Article 79 and exercises several legislative powers ranging from summoning and proroguing Parliament to assenting to Bills and promulgating Ordinances. However, these powers operate within India's parliamentary framework and are ordinarily exercised on the aid and advice of the Council of Ministers."


63. Ready-Made Mains Conclusion

"The legislative powers of the President therefore represent a constitutional bridge between the executive and legislature. While they facilitate continuity, legislative action and constitutional checks, parliamentary control, ministerial responsibility and judicial review ensure that these powers do not become instruments of arbitrary executive authority."


ONE-MINUTE REVISION

64. Parliament

Article 79 → President + Rajya Sabha + Lok Sabha

Article 85 → Summon + Prorogue

Article 86 → Address + Messages

Article 87 → Special Address


65. Bills

Article 111 → Assent

Ordinary Bill → Return Once

Money Bill → No Return

Constitutional Amendment → Mandatory Assent


66. Ordinance

Article 123

↓

Both Houses Not in Session

↓

Immediate Action Necessary

↓

Ordinance

↓

Parliamentary Control

↓

Six Weeks After Reassembly


67. Nomination

Article 80

↓

12 Rajya Sabha Members

↓

Literature

Science

Art

Social Service


68. State Bills

Article 201

↓

State Bill Reserved by Governor

↓

President

↓

Assent / Withhold / Return Non-Money Bill


69. Final Master Formula

President's Legislative Powers

↓

Parliament

Summon + Prorogue + Dissolve Lok Sabha

↓

Address

Article 86 + Article 87

↓

Bills

Assent + Veto + Reconsideration

↓

Financial Legislation

Recommendations

↓

Nomination

12 Rajya Sabha Members

↓

Ordinance

Article 123

↓

State Bills

Article 201

↓

Constitutional Controls

Article 74 → Aid and Advice

Parliamentary Control

Judicial Review

↓

Final Principle

President = Integral Component of Parliament + Constitutional Legislative Authority

But

Parliamentary Democracy → Legislative Powers Operate Within Ministerial Responsibility and Constitutional Limits