Legislative Powers of the President of India
The President of India, as the constitutional head of the state, holds significant legislative powers, primarily exercised on the advice of the Council of Ministers headed by the Prime Minister. These powers ensure the smooth functioning of the parliamentary system while upholding the constitutional framework. The President’s legislative powers can be broadly categorized into law-making powers, power to summon and prorogue Parliament, power to dissolve the Lok Sabha, and special legislative powers during emergencies.
1. Power to Summon, Prorogue, and Dissolve Parliament
The President has the authority to summon both Houses of Parliament—the Lok Sabha (House of the People) and the Rajya Sabha (Council of States)—at such times and places as they think fit (Article 85). Summoning Parliament is essential for the government to introduce and pass legislation.
The President can also prorogue (suspend) either House or both Houses of Parliament, thereby ending a session without dissolving the House.
In the case of the Lok Sabha, which has a fixed term of five years unless dissolved earlier, the President can dissolve it on the advice of the Prime Minister and the Council of Ministers (Article 85). Dissolution leads to general elections and marks the end of the current Lok Sabha.
2. Assent to Bills
No bill passed by Parliament becomes law without the President’s assent (Article 111). The President can:
- Give assent, making the bill a law.
- Withhold assent, effectively vetoing the bill.
- Return a bill (other than a Money Bill) to Parliament for reconsideration. However, if Parliament passes the bill again, the President must give assent.
While the President’s assent is generally a formality, this power serves as a constitutional safeguard.
3. Ordinance-Making Power
When Parliament is not in session, and immediate legislation is necessary, the President can promulgate ordinances under Article 123. Ordinances have the force of law but must be approved by Parliament within six weeks of reassembling, or they cease to operate.
This power allows the executive to respond swiftly to urgent matters, but it must be exercised judiciously and is subject to judicial review.
4. Special Legislative Powers During Emergencies
During a National Emergency (Article 352), the President can promulgate ordinances and enact laws that may override existing constitutional provisions.
Under a President’s Rule in a state (Article 356), Parliament can legislate on behalf of the state, and the President’s role becomes central in sanctioning such legislation.
Conclusion
In conclusion, the President of India holds crucial legislative powers that facilitate the functioning of the parliamentary democracy. While the President’s role is largely ceremonial and exercised on ministerial advice, powers such as summoning and dissolving Parliament, assenting to bills, promulgating ordinances, and special emergency powers ensure a constitutional balance between the legislature and the executive. These powers reflect the President’s role as a guardian of the Constitution and the democratic process.
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