Question

The President is the nominal head of the executive, the first citizen of the country, as well as the commander-in-chief of the Indian Armed Forces. With reference to this, answer the following question:

The President is the nominal head of the country and cannot act independently.

Mention any three legislative powers of the President which justifies the nominal position.

Answer 1

The President performs the following functions on the advice of the Prime Minister and his cabinet:

1. Addresses Sessions of Parliament: The President addresses both Houses of Parliament assembled together for the first session after each General Election to the Lok Sabha and at the commencement of the first session of each year.
2. Messages to Parliament: He/She has the power to send messages to either House of Parliament either in regard to any pending Bill or to any other matter.
3. Summon and Prorogue the Houses: The President has the power to summon and prorogue the Houses of Parliament. The power to summon Parliament is subject to the condition that there should not be a gap of more than six months between two sessions of each House.
4. Dissolve the Lok Sabha: He/She can dissolve the Lok Sabha and order fresh elections. Rajya Sabha is a permanent body, not subject to dissolution.
5. Nomination of Members: The President nominates 12 members to the Rajya Sabha from among persons having special knowledge or practical experience in these matters - literature, science, art and social service.
6. Assent to Bills: No Bill can become a law without the assent and the signature of the President. Once a Bill is passed by both houses, it is sent to the President for his/her approval. The President may give his/her assent, or withhold the Bill or send it back to the House concerned with recommendations. However, if the Bill is passed again in the same form, he/she has to give his/her assent to the Bill. Usually, the Houses examine the recommendations of the President.
7. Promulgate Ordinances: Under Article 123, the President can promulgate an Ordinance, which has the same status as an Act of Parliament. The President may withdraw the Ordinance at any time.
8. Assent to Some State Bills: The Governor may reserve some Bills passed by the State Legislature for the consideration of the President. The President can refuse his/her assent to such a Bill or he/she can also send it back for reconsideration. Bills affecting matters such as the powers of the High Court are reserved for the consideration of the President.
9. Formation of New States: A Bill for the formation of new States or alteration of areas of the existing States cannot be introduced except on the President's recommendation.