President legislative powers cover summoning Parliament, ordinance-making under Article 123, bill assent, and state legislation control.
At a glance
The President's role in summoning Parliament, promulgating ordinances, assenting to bills, and controlling reserved state legislation.
Article 123 — ordinance-making power during recess of Parliament, co-extensive with Parliament's own legislative competence.
Article 201 gives the President a channel of control over state bills reserved by Governors, affecting the federal balance.
President legislative powers make the President a formal but essential part of the Union Parliament, with authority over summoning and proroguing the Houses, promulgating ordinances, assenting to bills, and controlling certain categories of state legislation. These powers are exercised according to ministerial advice under Article 74(1), yet the Constitution routes the whole legislative process through the President's office, much as the British Crown remains formally part of Parliament in the Westminster system.
Summoning, Prorogation and Dissolution
The President has the power to summon each House of Parliament to meet, to prorogue the Houses, and to dissolve the Lok Sabha. The President also has the power to summon a joint sitting of both Houses of Parliament in case of a deadlock between them, a mechanism used when the Lok Sabha and Rajya Sabha cannot agree on a bill. Additionally, the President addresses both Houses of Parliament assembled together at the start of the first session after each general election and at the beginning of the first session of each year, setting out the causes of its summons.
Ordinance-Making Power (Article 123)
Under Article 123, the President has the power to promulgate ordinances during a recess of Parliament, when circumstances exist that render immediate action necessary and Parliament is not in session to legislate. The scope of this ordinance power is co-extensive with the legislative powers of Parliament itself, meaning an ordinance can relate to any subject on which Parliament could otherwise make a law. An ordinance has the same force as an Act of Parliament for the period it remains valid, but it must be laid before Parliament and ceases to operate unless approved within the constitutionally prescribed period after Parliament reassembles.
Assent to Bills and Control Over State Legislation
Bills passed by Parliament require the President's assent before becoming law, and the President may withhold assent or return certain bills for reconsideration. The President's legislative control also extends into the states: under Article 201, when a Governor reserves a state bill for the President's consideration, the President may assent, withhold assent, or, for a non-Money Bill, direct the Governor to return the bill to the state legislature for reconsideration. Since Governors are themselves appointed by the President, this reservation mechanism gives the Union a further channel of legislative oversight over state law-making, an arrangement that has historically been noted as one of the features tilting India's federal structure toward a more unitary character in specific situations.
Table: Core Legislative Powers of the President
| Power | Constitutional Basis | What it does |
|---|---|---|
| Summon, prorogue Houses; dissolve Lok Sabha | Articles 85 | Controls the parliamentary calendar |
| Summon joint sitting | Article 108 | Resolves deadlock between the two Houses on a bill |
| Address Parliament | Opening address at first session | Sets out the government's legislative agenda |
| Promulgate ordinances | Article 123 | Legislates when Parliament is not in session |
| Assent to bills / reserve state bills | Article 201 (for state bills reserved by Governor) | Final check on Union and reserved state legislation |
Legislative Power During President's Rule (Article 357)
When a Proclamation under Article 356 declares that the powers of a state legislature are to be exercised by Parliament, Article 357 allows Parliament to confer the power to make laws for that state on the President. The President may also authorise expenditure from the Consolidated Fund of the state when the Lok Sabha is not in session. This provision extends the President's legislative role, in a delegated form, into a state's law-making function during the period the state's own legislature is not functioning normally.
Legislative Powers and Constitutional Amendment
Certain constitutional amendments, including those affecting the manner of the President's election and the distribution of executive and legislative powers between the Union and the states, require ratification by not less than half of the State Legislatures under Article 368(2), in addition to passage by Parliament, before the President can give assent. This is a more accessible ratification threshold than the three-fourths requirement found in the American Constitution, reflecting a deliberate design choice to make constitutional change achievable while still requiring broad state consent on matters affecting the federal balance.
UPSC Relevance
Prelims
- Article 123: President's ordinance-making power during recess of Parliament, co-extensive with Parliament's own legislative powers.
- Article 108: President's power to summon a joint sitting to resolve deadlock between the Houses.
- Article 201: President's options on state bills reserved by a Governor.
Mains
- Examine the scope and limitations of the President's ordinance-making power under Article 123. (GS2)
- Discuss how the President's power over reserved state legislation affects India's federal balance. (GS2)
FAQ
Q1. When can the President promulgate an ordinance? Under Article 123, when Parliament is not in session and circumstances exist that make immediate action necessary; the ordinance must later be laid before Parliament.
Q2. What happens when the two Houses of Parliament disagree on a bill? The President can summon a joint sitting of both Houses under Article 108 to resolve the deadlock.
Q3. Can the President reject a state bill reserved by a Governor? For a non-Money Bill, the President can withhold assent or direct the Governor to return it to the state legislature for reconsideration; for a Money Bill, the President may only assent or withhold assent.
Q4. What legislative role does the President play during President's Rule in a state? Under Article 357, Parliament can confer the power to legislate for that state on the President while the state's own legislature is not functioning.
Quick Revision
- Article 123: ordinance-making power, co-extensive with Parliament's legislative competence.
- Article 108: joint sitting resolves deadlock between Houses.
- Article 201: President's options on Governor-reserved state bills.
- Article 357: legislative power for a state conferred on the President during President's Rule.
- Article 368(2): some amendments need ratification by half the states before presidential assent.
Sources
- Constitution of India, Article 123 — legislative.gov.in
- Constitution of India, Article 108 — legislative.gov.in
- Constitution of India, Article 201 — legislative.gov.in
- Constitution of India, Article 357 — legislative.gov.in
Further Reference
For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:
- M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
- D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
- The Constitution of India — Bare Act — the official text.
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Constitutional provisions
Summoning, proroguing Houses, dissolving Lok Sabha; summoning a joint sitting to resolve deadlock.
President's power to promulgate ordinances during a recess of Parliament.
President's power over state bills reserved for consideration by a Governor.
Parliament may confer power to legislate for a state on the President during President's Rule.