Points to Remember:
- The President of India is the head of state, not the head of government.
- Legislative powers are primarily exercised through the Council of Ministers, responsible to the Parliament.
- The President’s role is largely formal, with significant checks and balances in place.
- The President’s actions are subject to judicial review.
Introduction:
The President of India, as per the Constitution, holds significant legislative powers. However, these powers are not absolute and are largely exercised on the advice of the Council of Ministers headed by the Prime Minister. The Indian Constitution establishes a parliamentary system where the real executive power rests with the elected government, while the President acts as a constitutional head, ensuring the smooth functioning of the legislative process. Article 74 explicitly states that the President shall act in accordance with the advice of the Council of Ministers. This framework ensures a balance between the formal head of state and the effective government.
Body:
1. Promulgation of Ordinances: Under Article 123, the President has the power to promulgate ordinances when Parliament is not in session. These ordinances have the same force and effect as an Act of Parliament, but they must be approved by both houses of Parliament within six weeks of reassembly. If not approved, they lapse. This power is a crucial tool for addressing urgent matters, but its use has been subject to criticism regarding potential abuse. For example, the frequent use of ordinances by previous governments has raised concerns about bypassing parliamentary scrutiny.
2. Summoning and Prorogation of Parliament: The President summons and prorogues Parliament (Article 85). This power, while seemingly significant, is exercised on the advice of the Council of Ministers, maintaining the parliamentary system’s supremacy. The President can also dissolve the Lok Sabha (House of the People) on the advice of the Prime Minister, leading to general elections.
3. Addressing Parliament: The President addresses both Houses of Parliament at the commencement of each session (Article 87). This address, though ceremonial, outlines the government’s legislative agenda for the session, setting the tone and priorities for parliamentary proceedings.
4. Assent to Bills: The President’s assent is necessary for a bill to become an Act of Parliament (Article 111). While the President can withhold assent, this power is rarely exercised and is subject to judicial review. The President is expected to act on the advice of the Council of Ministers. However, a refusal to assent could potentially lead to a constitutional crisis.
5. Returning Bills for Reconsideration: The President can return a bill to Parliament for reconsideration (Article 111). This power allows for a second look at legislation, potentially leading to improvements or amendments. However, if Parliament passes the bill again with or without amendments, the President must give assent.
Conclusion:
The President of India’s legislative powers are significant but largely ceremonial. While the Constitution vests certain powers in the President, these are exercised on the advice of the Council of Ministers, ensuring the supremacy of the parliamentary system. The powers related to ordinances, summoning and proroguing Parliament, and assenting to bills are crucial for the legislative process. However, the potential for abuse, particularly regarding the promulgation of ordinances, necessitates careful consideration and adherence to constitutional principles. A balance must be struck between the President’s formal role and the effective functioning of the democratically elected government. Promoting transparency and accountability in the exercise of these powers is crucial for upholding the integrity of the Indian Constitution and ensuring good governance. Strengthening parliamentary oversight and judicial review mechanisms can further enhance this balance and safeguard the democratic fabric of the nation.
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