Maarg Manthan · Topic 13.8

Legislative Powers of the President

Indian Polity › President · Topic 13.8

The President is an integral part of Parliament: summoning and proroguing it, dissolving the Lok Sabha, nominating members, assenting to bills with absolute, suspensive and pocket vetoes, and promulgating ordinances.

5 min read · UPSC Prelims · Polity · President

At a Glance

What it is The President’s role as an integral part of Parliament
Key powers Summon, prorogue, dissolve; assent to bills; ordinances; nominate members
Veto Absolute, suspensive and pocket, but no qualified veto
Prior sanction Needed to introduce certain bills
Exam link UPSC Prelims, Polity: President

Where Does It Fit?

This is the eighth topic of the category on the President. The President is an integral part of the Parliament of India, along with the Lok Sabha and the Rajya Sabha, and enjoys a wide set of legislative powers.

Powers Relating to Parliament

Power	Detail
Sessions	Summons or prorogues Parliament and dissolves the Lok Sabha; summons a joint sitting presided over by the Speaker
Address	Addresses Parliament at the first session after each general election and the first session of each year
Messages	Sends messages to either House on a pending bill or otherwise
Presiding officers	Appoints a member of the Lok Sabha to preside if both Speaker and Deputy Speaker are vacant; the same for the Rajya Sabha
Nominations	Nominates 12 members to the Rajya Sabha with special knowledge or experience in literature, science, art and social service; nominated two Anglo-Indian members to the Lok Sabha until the 104th Amendment (2019) discontinued this
Disqualification	Decides questions of disqualification of members in consultation with the Election Commission
Reports	Lays the reports of the CAG, UPSC, Finance Commission and others before Parliament
Regulations	Makes regulations for the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu and Ladakh, and for Puducherry only when its assembly is suspended or dissolved

Bills That Need the President’s Recommendation

The prior recommendation or permission of the President is needed to introduce certain bills in Parliament: a bill involving expenditure from the Consolidated Fund of India; a bill for altering the boundaries of states or creating a new state; a money bill; a bill that imposes or varies any tax or duty in which states are interested; a bill that varies the meaning of agricultural income; a bill that affects the principles of distribution of money to states; and a bill that imposes any surcharge for the Centre. A state bill imposing restrictions on trade, commerce and intercourse within or with the state can be introduced in the state legislature only with the President’s previous sanction.

Assent and the Veto Power

A bill passed by Parliament becomes an Act only with the President’s assent. Under Article 111 the President may give assent, withhold assent, or return the bill (if it is not a money bill) for reconsideration; if Parliament passes it again with or without amendments, the President must give assent. The object is to prevent hasty and ill-considered legislation and legislation that may be unconstitutional. The vetoes known to modern states are absolute, qualified, suspensive and pocket. The Indian President has three of them: absolute, suspensive and pocket. The American President has the qualified veto, which Congress can override only by a higher majority.

Veto	Meaning	Examples
Absolute	Withholding assent so the bill ends	Private members’ bills; government bills when the cabinet resigns before assent; PEPSU Appropriation Bill (1954, Rajendra Prasad); MPs’ salary amendment bill (1991, R. Venkataraman)
Suspensive	Returning a bill; repassage by ordinary majority forces assent	Not available for money bills
Pocket	Keeping the bill pending indefinitely since there is no time limit	Indian Post Office (Amendment) Bill (1986, Zail Singh); returned in 1989 by R. Venkataraman, then dropped by the new government

The President has no veto over a constitutional amendment bill, since the 24th Amendment Act of 1971 made assent obligatory. In the USA the President must return a bill within 10 days, so the Indian President’s pocket is said to be bigger than the American.

Veto Over State Bills

When a Governor reserves a state bill for the President, the President may assent, withhold assent, or direct the Governor to return it (if not a money bill) for reconsideration under Article 201. If the state legislature passes it again, the President is not bound to give assent, so the state legislature cannot override the veto, and there is no time limit, so a pocket veto is possible for state legislation too. For a money bill the President can assent or withhold but cannot return it, for both Central and state legislation.

Why Is This Topic Important?

Veto types Often asked in Prelims
Link to ordinance power The most important legislative power
Bills needing recommendation Common list question

What Came Next?

The next topic covers the judicial powers of the President.

Key People and Terms

Veto Latin for I forbid
Pocket veto Taking no action indefinitely
Suspensive veto Returning a bill once
Prorogue End a session without dissolving
Assent Approval turning a bill into an Act

Exam Corner

Points to Remember

President has absolute, suspensive and pocket vetoes; no qualified veto.
12 members nominated to the Rajya Sabha.
No veto on constitutional amendment bills.
Money bills: assent or withhold, cannot return.

Do Not Confuse With

Suspensive and absolute veto Return versus withhold
Article 111 and Article 201 Central bills versus state bills reserved by the Governor
Dissolving and proroguing Dissolve Lok Sabha; prorogue Houses

Memory Hook

Summon, send, nominate, assent: three kinds of veto, no qualified one.

Mains Angle

Questions on this topic usually ask about the veto. Use these points to add depth.

Part of Parliament The President is an integral part
Veto in practice Mostly formal, used rarely
Federal angle Control over reserved state bills
Comparison USA has qualified veto

A Question You May Face

An original practice question, not a past paper question.

“Explain the legislative powers of the President with special reference to the veto power.”

How to Answer

Introduction Integral part of Parliament.
Powers Sessions, nomination, sanction.
Veto Three types.
Conclusion Nominal but meaningful.

GS Relevance

Prelims: Indian Polity, President. GS Paper 2: Executive-legislature relations.

Frequently Asked Questions

What are the legislative powers of the President?

The President summons and prorogues Parliament, dissolves the Lok Sabha, addresses and sends messages to Parliament, nominates 12 Rajya Sabha members, decides disqualification questions with the Election Commission, gives assent to bills and promulgates ordinances.

What types of veto does the President of India have?

The Indian President has three vetoes: absolute (withholding assent), suspensive (returning a bill for reconsideration) and pocket (taking no action indefinitely). The qualified veto, which can be overridden only by a higher majority, is possessed by the American President.

Can the President return a money bill?

No. For a money bill the President can only give assent or withhold assent. The President cannot return it to Parliament for reconsideration, though a money bill is normally introduced with the President’s previous permission, so assent is usually given.

Does the President have a veto over constitutional amendment bills?

No. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give assent to a constitutional amendment bill, so the President can neither withhold assent nor return the bill for reconsideration to Parliament.

What is the pocket veto?

The pocket veto is the President’s power to neither ratify, reject nor return a bill but keep it pending for an indefinite period. It exists because the Constitution prescribes no time limit for the President’s decision. President Zail Singh used it in 1986 on the Post Office Amendment Bill.

PYQ Practice — Statement Analysis

1 The President of India has a qualified veto.

False

The American President has it.

2 The President nominates 12 members to the Rajya Sabha.

True

From art, science, literature and social service.

3 The President can return a money bill for reconsideration.