Legislative Power of the President


India's president has a wide range of legislative authority. He has the authority to convene, prorogue, and even dissolve the House of People (Lok Sabha). He is only able to use this power under certain conditions. Only within six months of the previous session's final sitting may the President call a special session of the Parliament. In order to break the impasse, he also has the authority to call a joint session of both Houses of Parliament.

Any bill must have the President's approval in order for it to become law. Only after his proposal may a bill for the recognition of a new State or the change of State boundaries be filed in either House of the Parliament. He is also required to recommend State Bills that would impede free trade and commerce.

What are the Legislative Powers of the President?

The President has various legislative powers that are crucial for the nation's laws, despite being the executive leader of the State.

President is a part of Parliament

The President and the two Houses of Parliament make up the Union Legislature or Parliament. As a result, the President is a crucial component of the Union Legislature. He will occasionally call both Houses of Parliament together or individually. The President has the authority to prorogue either House of Parliament and, if necessary, dissolve the Lok Sabha, which is the lower house of parliament. For instance, the President adjourned the twelfth Lok Sabha in the early months of 1999 after the confidence motion in the Vajpayee administration was defeated in the Lok Sabha.

Summons and Addresses Parliament

The President may address either or both Houses of Parliament. At the first session following each general election to the House of the People and at the start of the first session of every year, he addresses both houses of parliament in attendance and "informs Parliament of the causes of its summons." Aside from the ability to speak, the President also has the authority to communicate with either house of Parliament regarding bills that are still pending or other issues that the House has to address. The President has the authority to communicate "otherwise" in addition to legislating.

Nomination

The President proposes many representatives for both Houses. The main goal of the nomination is to guarantee proper representation of all societal groups in Parliament, which may not always be accomplished through elections. Twelve members of the Council of States may be proposed by the President who must be experts in literature, science, the arts, or social work and have relevant professional experience. If the Anglo-Indian community is not sufficiently represented in the house, he is also allowed to propose no more than two members from this group for the House of the People.

Power in respect of Bills

Any bill must have the President's approval before it can become law. Therefore, a bill that has been approved by both houses of Parliament can only become law after receiving the President's assent. This indicates that the President of India is an essential member of the Indian Parliament.

Additionally, the President has the authority to veto any bills that are submitted to him. If the President decides that the measure needs to be revised, he or she has the authority to veto it and send it back to the Parliament. However, the President must sign the bill if the Parliament delivers it again without any revisions.

The President may offer his approval or withhold it in the case of a money measure since the prior suggestion of the President is required; nevertheless, he cannot send the bill back to the house for reconsideration.

Bill passed by a State Legislature

The Governor of a State may also reserve a State Legislature-passed law for the President's consideration. Only in situations where he is referred to by the Government of a State pursuant to Article 200 does the President have this authority in relation to a measure passed by a State Legislature.

Power to Promulgate Ordinance

In accordance with Article 123 of the Constitution, the President may issue an ordinance that has the force of law when there is a need while the Parliament is not in session. This ordinance is still in effect six weeks after the Legislature's session resumes. The ordinance has the same impact as a legislative act, giving the President significant legislative authority.

When an ordinance is enacted, it is regarded as an act of parliament, and the president is responsible for revoking the ordinance as soon as the original justifications are no longer valid. The government and president have made it normal to introduce laws in the form of ordinances, but the provisions in Article 123 are intended to address exceptional situations where immediate action is required and the existing legal procedures are insufficient. The president's re-promulgation of an ordinance after it was rejected by both houses of parliament within the allotted period is unlawful.

Conclusion

Though de jure, the President of India exercises wide range of legislative powers, but de facto, the Prime Minister and the Council of Ministers have true legislative powers in India. The President serves in a ceremonial capacity but also has significant legislative authority. In conclusion, even though the Prime Minister and Council of Ministers have greater authority than the President of India, both nevertheless have major legislative powers and are crucial to the operation of the Indian government.

FAQs

Q1. Can the President of India introduce a bill in Parliament?

Ans. No, a bill cannot be introduced in Parliament by the President of India. In either house, bills can only be introduced by members of Parliament. However, the President has the authority to ask for the introduction of a measure in Parliament.

Q2. Can the President of India vote on bills in Parliament?

Ans. No, the President of India lacks the authority to cast a vote in Parliament. The only legislation that the President can approve or reject is one that Parliament has passed.

Q3. What role does the President of India play in the legislative process?

Ans. The President has the authority to address Parliament, call a special session of the legislature, and communicate with lawmakers about the administration's legislative agenda. Additionally, the President has the authority to give or withhold his or her assent to laws passed by Parliament.

Q4. Can the President of India dissolve the Lok Sabha?

Ans. Yes, the Lok Sabha may be dissolved by the Indian President. On the Prime Minister's recommendation, this power is nevertheless used. In actuality, the President serves as a fair arbitrator and only dissolves the Lok Sabha in extreme cases, such as a hung parliament or a breakdown of the constitutional apparatus.

Updated on: 16-Mar-2023

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