Legislative Powers of the President of India

The President of India's legislative powers are referred to as "శాసన అధికారాలు" (śāsana adhikārālu) in Telugu. "శాసనం" (śāsanaṁ) can also be translated as "law" or "legislation." In English, these can take various forms, including Act, Law, Notification, By-law, Ordinance, and Regulation.

For a bill passed by the Lok Sabha (House of the People) and Rajya Sabha (Council of States) to become law, the President's assent is mandatory. Only after the President signs the bill does it become an Act.

This highlights the crucial role of the President in the legislative process, even though they are not a member of either house of Parliament.

Constitutional Basis

According to Article 79 of the Indian Constitution, Parliament consists of:

• Lok Sabha (House of the People)
• Rajya Sabha (Council of States)
• The President

The President is considered an integral part of Parliament, even though they are not a member of either house.

Under Article 111, the President must sign a bill passed by both houses of Parliament for it to become law. This act of signing is the President's assent.

The President is not a member of the Lok Sabha or the Rajya Sabha, but is considered an integral part of Parliament for two main reasons:

1. No bill can become law without the President's assent.
2. All executive actions of the country are taken in the President's name. The President is the head of the executive branch.

Specific Legislative Powers

1. Nominations to Rajya Sabha

   Under Article 80(1)(a), the President nominates 12 members to the Rajya Sabha.

   These 12 members, as per Article 80(3), should be experts in one of the following four fields:

   • Literature
   • Science and Technology
   • Arts
   • Social Service

   Important Note: The order of these fields in the Constitution is Literature, Science and Technology, Arts, and Social Service (remember LiSAS as a mnemonic). Some books may present a different order for easier memorization (e.g., ASLS), but the Constitutional order is LiSAS.

2. Summoning and Proroguing Parliament

   Under Article 85 The president:

   • Summons (calls for) parliamentary sessions (Summons).
   • Prorogues (ends) parliamentary sessions (Prorogue).

   Prorogation: This refers to the termination of a session of Parliament *without* specifying the date and time for the next session.

3. Addressing Parliament

   According to Article 87, the President *may* address:

   • The Lok Sabha separately.
   • The Rajya Sabha separately.
   • Both houses of Parliament jointly.

   It is not mandatory for the President to address Parliament, but they have the power to do so.

4. Disqualification of MPs

   Under Article 103, the President has the power to disqualify Members of Parliament (MPs).

   This power is usually exercised on the advice of the Election Commission of India.

5. Joint Sitting of Parliament

   Under Article 108, the President can summon a joint sitting of both houses of Parliament.

   Purpose: Joint sittings are typically convened to resolve disagreements between the two houses on ordinary bills only.

   • If the Lok Sabha passes an ordinary bill and sends it to the Rajya Sabha, and the Rajya Sabha does not take any action (neither approves nor rejects) within six months, the President may consider this a disagreement and call for a joint sitting.
   • The Speaker of the Lok Sabha presides over the joint sitting. In their absence, the Deputy Speaker of the Lok Sabha presides, followed by the Deputy Chairman of the Rajya Sabha. If none of these are available, the President can appoint any member of Parliament to preside.

6. Ordinance-Making Power

   Under Article 123, when Parliament is not in session, the President can promulgate (issue) an ordinance on any urgent matter.

   This is a significant legislative power, as an ordinance has the same force and effect as an Act of Parliament. However, it is temporary and must be approved by Parliament within six weeks of its reassembly.

7. Rajya Sabha Chairman/Deputy Chairman Vacancies

   Under Article 91(1):

   If the offices of both the Chairman and Deputy Chairman of the Rajya Sabha are simultaneously vacant, the President can appoint any member of the Rajya Sabha to act as Chairman until a new Chairman is elected.

   Vacancy: A position becomes vacant in these situations:

   • Resignation
   • Removal from office
   • Death
   • Election declared invalid by the Supreme Court
   • Court declaration of unsound mind

8. Lok Sabha Speaker/Deputy Speaker Vacancies

   Under Article 95(1):

   If the offices of both the Speaker and Deputy Speaker of the Lok Sabha are simultaneously vacant, the President can appoint any member of the Lok Sabha to act as Speaker.

Bills Requiring President's Prior Recommendation

Certain types of bills require the President's prior recommendation before they can be introduced in Parliament:

1. Reorganization of States

   Under Article 3, bills related to the reorganization of states (e.g., creating new states, altering boundaries) require the President's prior recommendation. These bills can be introduced in *either* house of Parliament.

2. Money Bills

   Under Article 109, Money Bills require the President's prior recommendation and must be introduced *only* in the Lok Sabha.

3. Budget

   Under Article 112, the Budget (which is also a type of Money Bill) requires the President's prior recommendation and must be introduced first in the Lok Sabha. The Budget outlines the government's estimated revenue and expenditure for a financial year.

4. Financial Bills (Type I)

   Under Article 117(1), Financial Bills of the *first type* require the President's prior recommendation and must be introduced *only* in the Lok Sabha.

   Financial bills are a broader category than Money Bills, and there are different types.

5. Bills Affecting Taxation on Agricultural Income

   Under Article 274, bills related to taxes on agricultural income require the President's prior recommendation.

6. Changes in Language Used in Supreme Court/High Courts

   Under Article 349, bills proposing changes to the language used in the Supreme Court or High Courts require the President's prior recommendation.

7. Nationalization of Property

   Under Article 31A, bills related to the nationalization of property (taking private property into public ownership for public welfare) require the President's prior recommendation.

   Nationalization involves the government taking control of privately owned assets for public benefit. Examples include the nationalization of banks in 1969 and 1980.

Important Note: Constitutional Amendment Bills do *not* require the President's prior recommendation.

This concludes the section on the legislative powers of the President. The next topic is the President's financial powers.