Article 86 of the Indian Constitution outlines the President’s powers regarding addressing and sending messages to Parliament. While Article 86(1) deals with the President’s address to Parliament at the commencement of the first session after each general election and at the commencement of the first session of each year, Article 86(2) provides the President with the distinct power to send messages to either House of Parliament.
This provision serves as a formal channel of communication allowing the Head of the Executive to convey his views, suggestions, or concerns directly to the Legislature, either on specific legislative proposals or on matters of general public importance. It underscores the constitutional framework that facilitates interaction and cooperation between the executive and legislative branches of the government, even if this specific power is rarely exercised in practice compared to the President’s address.
Original Text
(2) The President may send messages to either House of Parliament, whether with respect to a Bill then pending in Parliament or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration.
Detailed Explanation
Article 86(2) empowers the President of India to communicate formally with the Parliament by sending messages. This power is distinct from the President’s address to both Houses under Article 86(1).
The article specifies that the President is authorised to send these messages to either House of Parliament – the Lok Sabha or the Rajya Sabha. The subject matter of these messages is broad; they can relate to a Bill that is currently pending before the Parliament, or they can concern other matters, implying issues of general public importance, policy matters, or any other subject the President deems necessary to bring to the Parliament’s attention.
Crucially, the article imposes a duty on the House that receives such a message. It mandates that the House “shall with all convenient dispatch consider any matter required by the message to be taken into consideration.” This means the receiving House is constitutionally obligated to give prompt and timely consideration to the subject matter of the message conveyed by the President. The phrase “with all convenient dispatch” indicates that the consideration should be done without unreasonable delay, but it leaves the exact timing and method of consideration to the discretion and procedures of the respective House.
This power, while constitutionally significant as a means of communication between the Head of State and the Legislature, is sparingly used in the actual functioning of the Indian parliamentary system. The President’s address under Article 86(1), which outlines the government’s policies and plans, serves as the primary formal executive-legislative communication channel. However, Article 86(2) remains an available mechanism for the President to convey specific points or suggestions outside the scope of the general address or concerning matters arising between addresses. The message does not constitute a command or directive that the House must follow, but rather a communication requiring formal consideration.
Detailed Notes
- Grant of Power: Article 86(2) grants the President of India the power to send messages to Parliament.
- Recipient: Messages can be sent to either the Lok Sabha (House of the People) or the Rajya Sabha (Council of States).
- Subject Matter: The messages can relate to:
- A Bill currently pending before Parliament.
- Other matters (implying issues of public importance, policy, etc.).
- Obligation of the Receiving House: The House that receives the message shall consider the matter specified in the message.
- Timeline for Consideration: The consideration must be done “with all convenient dispatch,” meaning promptly or without unreasonable delay.
- Nature of Communication: It is a formal communication from the Head of State to the Legislature.
- Purpose: To convey the President’s views, suggestions, or concerns on legislative matters or other important issues.
- Legal Effect: The message requires the House to consider the matter, but it does not legally bind the House to take specific action or follow the suggestions made by the President. It is primarily an advisory or communicative role.
- Comparison with Article 86(1): Distinct from the President’s mandatory address to both Houses under Article 86(1) at the start of sessions, which outlines the government’s legislative agenda and policies. Messages under 86(2) are discretionary and can be sent at any time.
- Practical Usage: This power is rarely exercised in practice compared to the President’s address.
Additional Comments
- This provision reflects the potential for the President, as the constitutional head, to provide input or raise concerns with the Parliament regarding its legislative or deliberative functions.
- While the President is bound by the aid and advice of the Council of Ministers (Article 74), a message sent under Article 86(2) would typically reflect the views of the government, though it is formally sent by the President.
- The term “with all convenient dispatch” is open to interpretation but implies a requirement for prompt consideration by the House, although the internal procedures and timeline are determined by the House itself.
- This power is a feature borrowed from other parliamentary systems, intended to facilitate executive-legislative dialogue, although its practical application in India has been minimal.
Summary
Article 86(2) empowers the President of India to send messages to either the Lok Sabha or the Rajya Sabha concerning a pending Bill or other matters. The receiving House is constitutionally required to consider the subject of the message promptly. This provision serves as a formal channel for the Head of State to communicate views or concerns to Parliament, though it is infrequently used compared to the President’s address under Article 86(1). The message requires consideration but does not mandate specific legislative action by the House.