Article 86 of the Indian Constitution outlines the President’s authority to interact directly with Parliament through addresses and messages. This article establishes a crucial link between the Executive Head (the President) and the Legislature (Parliament), allowing for formal communication on legislative and other matters.
It grants the President the right to address either or both Houses of Parliament and also the power to send messages to them, which the Houses are then obliged to consider. This provision facilitates the flow of information and viewpoints between the two branches of government.
Original Text
86. Right of President to address and send messages to Houses.
(1) The President may address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members.
(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 comprises two distinct clauses, each granting a specific power to the President concerning Parliament:
Clause (1): Right to Address Parliament This clause grants the President the right to address either the House of the People (Lok Sabha), the Council of States (Rajya Sabha), or both Houses assembled together. It also empowers the President to require the attendance of members for the purpose of such an address. This provision signifies the President’s position as the constitutional head of the Union and allows for a direct communication channel with the legislative body. The President can choose when to exercise this right and what matters to address, although in practice, the President acts on the aid and advice of the Council of Ministers. This address is distinct from the ‘Special Address’ mandated by Article 87. While Article 86(1) is a discretionary right that can be exercised at any time, the address under Article 87 is compulsory at the commencement of the first session after a general election and the first session of each year. The content of an address under Article 86(1) is not constitutionally restricted to specific topics like the government’s future plans (as is the practice for the Article 87 address), allowing for a wider range of subjects. However, addresses under this clause are rarely made in practice compared to the special address under Article 87.
Clause (2): Right to Send Messages to Houses This clause empowers the President to send messages to either House of Parliament. These messages can relate to a Bill that is currently pending before Parliament or pertain to any other matter. Upon receiving such a message, the concerned House is constitutionally obligated to consider the matter required by the message with all convenient dispatch. This means the House must take up the matter for consideration without undue delay. This provision enables the President (acting on the advice of the Council of Ministers) to communicate the executive’s views, suggestions, or concerns to Parliament, particularly in relation to pending legislation or important policy issues. For instance, the President might send a message suggesting amendments to a Bill or urging reconsideration of certain aspects. It serves as another mechanism for executive-legislative interaction and influence.
Detailed Notes
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Article 86(1): Right to Address
- Grants the President the right to address Parliament.
- Can address Lok Sabha, Rajya Sabha, or both Houses assembled together.
- Empowers the President to require the attendance of members for the address.
- This is a discretionary right, not a mandatory duty (unlike Article 87).
- Can be exercised at any time the President deems fit (on advice of Council of Ministers).
- Distinct from the ‘Special Address’ under Article 87, which is mandatory at the start of specific sessions.
- Rarely used in practice compared to the Article 87 address.
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Article 86(2): Right to Send Messages
- Grants the President the right to send messages to either House of Parliament.
- Messages can concern a Bill pending in Parliament.
- Messages can also concern any other matter.
- The House receiving the message is constitutionally obligated to consider the matter therein.
- Consideration must be done with “all convenient dispatch” (without unreasonable delay).
- Mechanism for the Executive (through the President) to communicate views, suggestions, or concerns to the Legislature.
- Used, for example, to suggest amendments to Bills or convey executive perspective on important issues.
Additional Comments
- Article 86(1) provides a general right to address, which is different from the specific, mandatory address at the beginning of sessions under Article 87.
- In practice, the power under Article 86(1) is rarely exercised; the formal addresses are almost exclusively conducted under Article 87.
- Messages under Article 86(2) can be used to influence the legislative process or bring the executive’s viewpoint formally before Parliament.
- Like all powers of the President (except a few specified exceptions), the powers under Article 86 are exercised by the President on the aid and advice of the Council of Ministers headed by the Prime Minister (as per Article 74).
- The provision for requiring attendance in Article 86(1) underscores the significance attached to the President’s address.
- The obligation on the House to consider the message with “all convenient dispatch” in Article 86(2) highlights the importance constitutional weight given to these communications.
Summary
Article 86 of the Indian Constitution grants the President two key rights concerning Parliament: the right to address either or both Houses and require members’ attendance, and the right to send messages to either House regarding pending bills or other matters. The Houses are required to consider such messages promptly. While the general right to address (Article 86(1)) is rarely used, the right to send messages (Article 86(2)) provides a channel for the executive to communicate formally with the legislature. These powers are exercised by the President on the advice of the Council of Ministers.