2.6.2. Legislative Powers

The President is an integral part of the Parliament. He enjoys the following legislative powers:

♤ The President can summon or prorogue the Parliament and dissolve the Lok Sabha. He can also summon a joint sitting (in case of ordinary bills and financial bills only)of both the Houses of Parliament, which is presided over by the Speaker of the Lok Sabha.

♤ He can address the Parliament at the commencement of the first session after each general election and the first session of each year. Apart from this he can send messages to either House of Parliament on any important matter of national, constitutional or public interest.

♤ The President can appoint any member of the Lok Sabha to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. He can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both the Chairman and the Deputy Chairman fall vacant.

♤ The President of India has the power to constitute the Parliament partially, by virtue of his powers to nominate members to both the Houses of the Parliament.

o He can nominate two members from Anglo Indian Community to the Lok Sabha, if he is satisfied that the community is not adequately represented in the House.

o He can nominate twelve members to the Rajya Sabha from among persons having special knowledge and practical experience of science, art, literature and social service.

♤ The Constitution requires the previous sanction of the President for introducing certain legislations.

o For example, a bill, which seeks to create a new state or change the boundary of an existing state or change the name of a state or a bill which would involve expenditure from the Consolidated Fund of India.

o Money bills also require the previous sanction of the President before their introduction in the Lower House.

o Besides, all bills after they are passed in the Parliament need his consent to become Acts.

♤ When a bill is sent to the Parliament after it has been passed by the Parliament, the President can:

o give his assent to the bill, or

o withhold his assent to the bill, or

o return the bill (if it is not a Money Bill) for reconsideration of the Parliament. However, if the bill is passed again by the Parliament, with or without amendments, the President has to give his assent to the bill.

The President may either give or withhold his assent to a Money Bill. A Money Bill cannot be returned to the House, by the President, for its reconsideration. Also, the President is bound to give his assent to a Constitutional Amendment Bill passed by the Parliament by the prescribed majority and, where necessary, ratified by the requisite number of State Legislatures.

♤ When a bill passed by a State legislature is reserved by the Governor for consideration of the President, the President can:

o give his assent to the bill, or

o withhold his assent to the bill, or

o direct the Governor to return the bill (if it is not a Money bill) for reconsideration of the State Legislature. It should be noted here that it is not obligatory for the President to give his assent even if the bill is again passed by the State Legislature and sent again to him for his reconsideration.

♤ The President lays reports of the Finance Commission, the Union Public Service Commission, National Commission for SCs and STs, Central Vigilance Commission, Central Information Commission, and the Comptroller and Auditor-General relating to the accounts of the Union etc. before the Parliament.

♤ According to Article 103, if any question arises that a member of either House of Parliament has become subject to disqualification under Article 102, then the matter shall be referred to the President, whose decision will be final. However, precondition is that the President shall take the opinion of Election Commission before making such a decision and will act according to such an advice.

♤ He can make regulations for the peace, progress and good government of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu. In the case of Puducherry also, the President can legislate by making regulations, but only when the assembly is suspended or dissolved.