Article 86 of the Costitution of India with Case law
Here is the detailed explanation of Article 86 of the Constitution of India along with relevant case law:
🔸 Article 86 – Right of President to Address and Send Messages to Houses
Text of Article 86:
The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members.
The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall, with all convenient dispatch, consider any matter required by the message to be taken into consideration.
🔹 Key Features:
Address to Parliament: The President has the right (not obligation) to address either or both Houses.
Messages to Parliament: Can send formal messages to guide or express concerns or opinions on bills or national matters.
No Debate on Address: The message or address by itself does not automatically lead to debate unless allowed by rules.
This article reflects the President’s constitutional status as a ceremonial head, yet with formal communication rights under a parliamentary system.
⚖️ Important Case Laws Related to Article 86:
1. Rameshwar Prasad v. Union of India (2006) 2 SCC 1
Relevance: While this case primarily dealt with Article 356, it also discussed the President’s role and powers in the parliamentary framework.
Connection: It reaffirmed that Presidential powers, including those under Article 86, are to be exercised on the aid and advice of the Council of Ministers (as per Article 74).
2. Shamsher Singh v. State of Punjab (1974 AIR 2192)
Relevance: This landmark case clarified that the President is bound by the advice of the Council of Ministers.
Connection: Even in using Article 86 (like addressing Parliament or sending messages), the President cannot act independently—must act in accordance with ministerial advice.
3. S.P. Gupta v. Union of India (1981 Supp SCC 87) – Judges’ Transfer Case
Relevance: It dealt with Presidential communications in the broader context of separation of powers.
Connection: Clarified that Presidential messages (such as those under Article 86) represent the executive, and are part of democratic communication between executive and legislature.
📘 Summary:
| Aspect | Details |
|---|---|
| Power | President can address and send messages to Parliament |
| Purpose | Communicate views on legislation or national issues |
| Authority | Must act on the aid and advice of the Council of Ministers |
| Impact | Messages must be considered by the respective House |
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