Legislative Powers of the President: Theory & Practice
LEGISLATIVE POWERS OF THE PRESIDENT OF INDIA: THEORY & PRACTICE
1. INTRODUCTION
The President of India, as the constitutional head of the state, possesses certain legislative powers under the Constitution. Though the Parliament is the primary legislative authority, the President plays a crucial role in the legislative process both in theory and in practice.
2. THEORETICAL FRAMEWORK OF LEGISLATIVE POWERS
The legislative powers of the President arise primarily from the following provisions of the Constitution:
Article 86: Power to summon and prorogue the Parliament and dissolve the Lok Sabha.
Article 87: Right to address and send messages to Parliament.
Article 108: Power to constitute a joint sitting of the two Houses.
Article 123: Power to promulgate ordinances when Parliament is not in session.
Article 111: Power to give assent to Bills passed by Parliament.
Article 200: Power to assent, withhold assent, or return a Bill for reconsideration in the case of State legislatures (analogous powers for State Governors).
3. DETAILED ANALYSIS OF LEGISLATIVE POWERS
A. Summoning, Proroguing, and Dissolution of Parliament (Article 86)
The President summons Parliament to meet at such time and place as he thinks fit.
Has the power to prorogue (end a session) or dissolve the Lok Sabha.
The President acts on the advice of the Council of Ministers headed by the Prime Minister.
Practice: Usually done based on the Cabinet’s advice; the President acts as a constitutional figurehead here.
B. Address and Messages to Parliament (Article 87)
The President addresses both Houses at the beginning of the first session after each general election and at the first session every year.
Can send messages to either House at any time, which must be taken into consideration.
This serves to inform the legislature about the government’s policies and legislative agenda.
C. Ordinance-Making Power (Article 123)
The President can promulgate ordinances when Parliament is not in session, and immediate action is required.
Ordinances have the same force as an Act of Parliament but must be approved by Parliament within 6 weeks of reassembly, else they cease to operate.
This is an extraordinary power intended for urgent legislative needs.
D. Assent to Bills (Article 111)
The President has three options on receiving a Bill passed by Parliament:
Give Assent: The Bill becomes law.
Withhold Assent: Effectively a veto (rarely used in practice).
Return the Bill: For reconsideration (except Money Bills). If Parliament passes it again, the President must give assent.
In practice, the President acts on the advice of the Council of Ministers and generally gives assent.
E. Joint Sitting of Parliament (Article 108)
In case of deadlock between the two Houses over a Bill, the President may summon a joint sitting to resolve the issue.
4. THEORY VS PRACTICE
| Aspect | Theory | Practice |
|---|---|---|
| Summoning Parliament | President’s discretion | Done on Cabinet’s advice |
| Assent to Bills | President may refuse assent or return Bill | Rarely refused; largely ceremonial |
| Ordinance Power | President’s independent power | Exercised on Cabinet’s advice |
| Dissolution of Lok Sabha | President’s discretion | Usually based on Prime Minister’s advice |
| Joint Sitting | Summoned by President when needed | Rarely used; political considerations matter |
In practice, India follows parliamentary supremacy and the President acts on the aid and advice of the Council of Ministers, making the President's legislative powers largely formal and ceremonial.
5. IMPORTANT CASE LAW ON LEGISLATIVE POWERS OF THE PRESIDENT
1. Rameshwar Prasad v. Union of India (2006)
The Supreme Court emphasized that the President’s power to promulgate ordinances under Article 123 is subject to judicial review.
Ordinances cannot be used as a substitute for the law-making function of Parliament and must meet the test of necessity and urgency.
2. In Re: The Andhra Pradesh Governor's Reference (1997)
Although about the Governor, the Supreme Court held that the power to summon, prorogue, and dissolve legislatures (similar to President’s powers with Parliament) is to be exercised on the aid and advice of the Council of Ministers.
Emphasized the ceremonial nature of such powers.
3. Shamsher Singh v. State of Punjab (1974)
The Supreme Court ruled that the President cannot withhold assent to a Bill passed by Parliament merely on personal discretion.
The President must act on Cabinet advice in all constitutional matters.
4. Kihoto Hollohan v. Zachillhu (1992)
Though primarily about anti-defection law, the case also reaffirms the President’s limited discretionary powers, highlighting the supremacy of the elected government and Parliament in legislative matters.
6. CONCLUSION
The President of India holds important legislative powers under the Constitution but mostly acts on the aid and advice of the Council of Ministers.
The powers include summoning and proroguing Parliament, assent to Bills, ordinance making, and convening joint sittings.
The ordinance-making power is the most significant independent legislative power but is subject to strict constitutional limits and judicial scrutiny.
Case law firmly establishes that the President's legislative functions are not absolute but exercised within the framework of parliamentary democracy.
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