winners persident powers

Legislative Powers of the President of India

"Legislation" in Telugu is called "శాసనం" (śāsanaṁ). This term can also refer to a law or act. In English, we use terms like "Act," "Law," "Notification," "By-law," "Ordinance," and "Regulation." For a bill passed by the Lok Sabha and Rajya Sabha to become law, the President's assent is mandatory.

Parliament and the President's Role

According to Article 79, Parliament consists of:

1. Lok Sabha
2. Rajya Sabha
3. President

For a bill passed by the Lok Sabha and Rajya Sabha to become law, the President must sign the bill according to Article 111.

The President is not a member of either the Lok Sabha or the Rajya Sabha, but is considered an integral part of Parliament. This is because the President's assent is necessary for any bill to become law, and the administration of the country is carried out in the President's name. The President is the executive head of the country.

Specific Legislative Powers

1. Article 80, Clause 1, Sub-clause (a): The President nominates 12 members to the Rajya Sabha.

   These 12 members, according to Article 80, Clause 3, should be experts in one of four fields:

   1. Literature
   2. Science and Technology
   3. Arts
   4. Social Service

   The correct constitutional order is Literature, Science and Technology, Arts, and Social Service. Mnemonic: LiSA (Literature, Science and Technology, Arts, Social Service.

   Prior to 2020, under Article 331, if the President felt that Anglo-Indians were not adequately represented in the Lok Sabha, he could nominate two Anglo-Indians. However, the 104th Constitutional Amendment (2019), effective from January 26, 2020, removed this provision.

2. Article 85: The President has the power to:

   • Summon (start) parliamentary sessions.
   • Prorogue (end) parliamentary sessions (indefinitely postpone, without setting a date/time for the next meeting).

3. Article 87: The President *may* address:

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

   It is not mandatory to make speech, But president can.

4. Article 103: The President has the power to disqualify Members of Parliament (MPs).

5. Article 108: The President can summon a joint sitting of both Houses of Parliament. This is typically done in the case of disagreements on ordinary bills.

   A joint sitting is called only for ordinary bills. If the Lok Sabha passes a bill and the Rajya Sabha does not take any action on it (neither approves nor rejects it) within six months, the President can convene a joint sitting, believing there is a disagreement between the Houses. The Speaker of the Lok Sabha presides over the joint sitting. If the Speaker is absent, the Deputy Speaker of the Lok Sabha presides. If the Deputy Speaker is also absent, the Deputy Chairman of the Rajya Sabha presides. If they are also absent, any member of Parliament can be appointed by the President to preside over the joint sitting.

6. Article 123: When Parliament is not in session, the President can issue ordinances on urgent matters. This is a significant legislative power.

7. Article 91, Clause 1: If the positions of both the Chairman and Deputy Chairman of the Rajya Sabha are vacant simultaneously (due to resignation, removal, death, invalidation of election, or court declaration of unsound mind), the President can appoint any member of the Rajya Sabha to act as Chairman until a new Chairman is elected. This is also considered as one of the legislative power of the president.

8. Article 95, Clause 1: If the positions of both the Speaker and Deputy Speaker of the Lok Sabha are vacant simultaneously, the President can appoint any member of the Lok Sabha to act as Speaker. This is also considered as one of the legislative power of the president.

Bills Requiring the President's Prior Recommendation

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

1. Article 3: Bills related to the reorganization of states (can be introduced in either House).

2. Article 109: Money bills (must be introduced first in the Lok Sabha).

3. Article 112: The Budget (which is a type of money bill) (must be introduced first in the Lok Sabha).

   Budget is a statement showing government's revenue and expenditure, in a financial year.

4. Article 117, Clause 1: Financial Bills of the first category (must be introduced first in the Lok Sabha).

5. Article 274: Bills related to taxation on agricultural income.

6. Article 349: Bills related to changes in the language used in the Supreme Court or High Courts.

7. Article 31, Capital A: Bills related to the nationalization of property (taking private property into government control for public welfare).

   Nationalization means taking control of private assets by the government for the welfare of the public. For example, in 1969, the government took over 14 private banks. In 1980, the government took over six more private banks. This process of taking private assets into government control for public welfare is called nationalization.

It's important to remember that the President's prior recommendation is *not* required for Constitutional Amendment Bills.