Legislative Powers of President
First understand core idea:
👉 Parliament = President + Lok Sabha + Rajya Sabha
So President is part of law-making system.
Even though MPs make laws, law process is incomplete without President.
(a) President summons, prorogues Parliament & dissolves Lok Sabha
What it means
President controls sessions of Parliament:
Calls Parliament meeting → Summon
Ends session → Prorogue
Ends Lok Sabha term → Dissolve
Also can call joint sitting of both Houses.
Detailed example
After elections:
New MPs elected
Parliament must meet
President issues order:
“Parliament session will start on 10 June”
👉 This is summoning.
Session ends:
President prorogues session.
If Lok Sabha term ends or govt falls:
President dissolves Lok Sabha.
New elections happen.
If LS & RS disagree on bill:
President calls joint sitting.
Speaker presides.
(b) President addresses Parliament
President gives special speeches:
1️⃣ First session after general election
2️⃣ First session every year
This speech explains govt policies.
Example
After election:
President speech:
“Our government will focus on economy, jobs, defence…”
This speech = govt agenda for year.
(c) President can send messages to Parliament
President can send message regarding:
Any bill
Any issue
Parliament must consider it.
Example
Important environmental bill pending.
President sends message:
“Parliament should reconsider environmental safeguards.”
Both Houses must discuss.
(d) President appoints presiding officer if top posts vacant
If both:
Speaker & Deputy Speaker (LS) vacant
Chairman & Deputy Chairman (RS) vacant
President appoints member to preside temporarily.
Example
Speaker dies unexpectedly
Deputy Speaker resigned
Lok Sabha must function.
President appoints senior MP to preside.
(e) President nominates 12 Rajya Sabha members
From fields:
Literature
Science
Art
Social service
Purpose: bring experts into Parliament.
Example
Famous scientist or artist nominated to Rajya Sabha.
They become MP without election.
(f) Anglo-Indian nomination removed
Earlier:
President could nominate 2 Anglo-Indian members to Lok Sabha.
But 104th Amendment (2020) removed this.
So now → no nomination to Lok Sabha.
(g) President decides MP disqualification (with Election Commission advice)
What the Constitution says
If there is doubt whether a Member of Parliament is disqualified,
👉 the President decides
👉 but must take opinion of Election Commission (EC).
So legally → decision by President
Actually → based on EC recommendation
When does this situation arise?
When someone complains that an MP:
-
holds office of profit
-
has foreign citizenship
-
has conflict of interest
-
is disqualified under law
Then question arises:
“Is this MP still valid or not?”
Step-by-step process (very clear)
1️⃣ Complaint filed against MP
2️⃣ President refers matter to Election Commission
3️⃣ EC investigates facts
4️⃣ EC gives opinion to President
5️⃣ President gives final decision
Important:
👉 President must follow EC opinion
(not personal choice)
Detailed realistic example
Suppose:
An MP becomes chairman of a government corporation and gets salary.
Complaint filed:
“This MP holds office of profit → disqualified.”
Process:
-
Case sent to President
-
President asks EC opinion
-
EC examines:
-
Is it govt post?
-
Is salary given?
-
Is govt control present?
-
EC concludes: Yes, office of profit.
EC sends advice to President.
President declares:
“MP stands disqualified.”
Seat becomes vacant.
(h) Some bills need President’s prior permission
1️⃣ Bill involving expenditure from Consolidated Fund of India
Consolidated Fund = main govt treasury.
Any bill spending govt money needs President approval first.
Example
Bill proposes:
“Government will give ₹5000 subsidy to all farmers.”
This spends govt money.
So before introducing bill → President recommendation required.
2️⃣ Bill altering state boundaries or creating new state
Since states affect Union structure, President permission needed.
Example
Bill to create new state from existing state.
Before introducing in Parliament → President approval needed.
(Also President seeks views of concerned state)
3️⃣ Money Bill
Money Bill = taxation, govt revenue, borrowing etc.
Only introduced with President recommendation.
Example
Union Budget taxation bill.
Finance Minister introduces only after President approval.
4️⃣ Bill imposing or changing tax affecting states
If a tax is shared between Centre and States, Parliament cannot change it freely.
Because: 👉 States also depend on that tax money
So before introducing such bill → President permission needed.
Example
Bill changing GST distribution affecting states.
Needs President recommendation.
5️⃣ Bill changing meaning of “agricultural income”
In India:
-
Farming income (agricultural income) → taxed by State government
-
NOT taxed by Central government
Example:
If a farmer earns ₹5 lakh from crops
→ State can tax (if it wants)
→ Centre cannot tax
So: 👉 Agricultural income = State tax area
Why definition of Agricultural income matters
Law defines what counts as “agricultural income”.
Example of agricultural income:
-
Growing crops
-
Selling farm produce
-
Income from land cultivation
States can tax these.
Suppose Parliament makes new law:
“Income from tea plantation is NOT agricultural income.”
Now effect:
Earlier:
Tea plantation income → State tax
After change:
Tea plantation income → NOT agricultural income
→ Centre can tax it (income tax)
So:
👉 State loses tax power
👉 Centre gains tax power
States are affected.
Because states are affected,
Parliament cannot introduce such bill freely.
It must first get: 👉 President recommendation
Ultra-simple real-life analogy
Imagine:
Two brothers share fruit income:
-
Brother A gets mango income
-
Brother B gets apple income
Now someone proposes:
“Mango is not fruit.”
Then:
-
Brother A loses income
-
Brother B may take it
So rule:
Such change needs both approval.
Same in India:
States own agricultural tax
So definition change affects them.
6️⃣ Bill affecting distribution of money to states
If bill changes how Union revenue shared with states → President permission required.
Example
Bill changing Finance Commission formula.
Needs President recommendation.
7️⃣ Bill imposing surcharge for Union purposes
Surcharge = extra tax for Centre.
If Centre increases surcharge:
-
Centre keeps full money
-
States get nothing
-
States’ share reduces indirectly
So states are affected. It affects Centre–State revenue balance.
So President approval needed.
.
Additional important part (State Legislature)
If a State Bill restricts trade or commerce,
it cannot be introduced in State Legislature without President’s sanction.
Example
State wants law:
“Only local goods can be sold in this state.”
This restricts trade.
Before introducing bill → President approval needed.
Key conceptual understanding (very important)
President recommendation here does NOT mean President personally decides policy.
Actually:
👉 Union Government (Cabinet) decides
👉 Recommendation issued in President’s name
So politically → Govt control
Constitutionally → President power
(i) President’s assent to Parliamentary bills
After Parliament passes bill → sent to President.
President has 3 options:
1️⃣ Approve → becomes law
2️⃣ Reject → bill fails
3️⃣ Return (if not money bill)
Example
Parliament passes education bill.
President thinks changes needed.
Returns bill.
Parliament passes again.
Now President must approve.
(j) President’s power over State bills reserved by Governor
If Governor sends state bill to President:
President can:
1️⃣ Approve
2️⃣ Reject
3️⃣ Return to state legislature
Important difference:
Even if state passes again → President may still reject.
Example
State passes land law.
Governor sends to President.
President refuses.
Law fails permanently.
(k) Ordinance power (when Parliament not in session)
If urgent law needed & Parliament not sitting:
President can issue ordinance.
It acts like law temporarily.
Must be approved within 6 weeks of Parliament meeting.
President can withdraw anytime.
Emergency economic rule needed.
Parliament not in session.
President issues ordinance.
Later Parliament approves → becomes Act.
(l) President lays reports before Parliament
Reports of major bodies placed in Parliament by President:
CAG report
UPSC report
Finance Commission report
Purpose: Parliament oversight.
Example
CAG finds govt spending issues.
Report submitted to President.
President lays before Parliament.
MPs discuss.
(m) President can make regulations for certain Union Territories
For UTs:
Andaman & Nicobar
Lakshadweep
Dadra & Nagar Haveli
Daman & Diu
Ladakh
President can directly make regulations (laws).
For Puducherry → only if assembly suspended/dissolved.
Example
Law needed in Andaman.
No Parliament law.
President makes regulation.
It becomes law there.