Is the President Part of Parliament?
⚖️ Is the President Part of Parliament?
1. Understanding Parliament in India
The Indian Parliament consists of three components:
Lok Sabha (House of the People)
Rajya Sabha (Council of States)
The President of India
This is explicitly stated in Article 79 of the Indian Constitution:
“The Parliament of India shall consist of the President and the two Houses…”
So, by constitutional definition, the President is a part of Parliament.
2. Role of the President in Parliament
The President has important constitutional functions related to Parliament:
Summoning and proroguing both Houses of Parliament (Article 85).
Dissolving the Lok Sabha.
Giving assent to bills passed by both Houses to make them law (Article 111).
Addressing the Parliament at the beginning of the first session after each general election and the first session of each year (Article 87).
Promulgating ordinances when Parliament is not in session (Article 123).
However, the President does not participate in debates or vote in the Houses of Parliament (except in the rare case of a tie in the Rajya Sabha where the Vice-President can cast a vote as Chairperson).
3. Why is the President part of Parliament?
The President is part of Parliament because laws cannot be made without the President's assent.
Parliament is a bicameral legislature plus the President, forming a complete law-making body.
The President’s assent is essential for enacting laws passed by the two Houses.
4. Case Law on President as Part of Parliament
Keshav Singh v. Speaker, Legislative Assembly U.P. (1965)
The Supreme Court emphasized the constitutional role of the President in the legislative process.
It noted the President is part of Parliament as per Article 79, and legislation requires the President’s assent.
The Court observed that the President is a vital part of the legislative machinery, not just a ceremonial figure.
L. Chandra Kumar v. Union of India (1997)
While the case mainly dealt with judicial review, the Court referred to the President as part of Parliament, reinforcing that Parliament includes the President and the two Houses.
It stressed the constitutional design of checks and balances, where the President’s assent is an essential step in lawmaking.
5. Summary Table
| Aspect | Explanation |
|---|---|
| Constitutional Provision | Article 79: Parliament = President + Lok Sabha + Rajya Sabha |
| Role in Parliament | Summons/prorogues Houses, gives assent to bills, can promulgate ordinances |
| Participation in Debates | Does not participate or vote in Parliament sessions |
| Legal Importance | No bill becomes law without President's assent |
| Judicial Recognition | Confirmed by Supreme Court decisions |
6. Conclusion
The President of India is constitutionally a part of Parliament.
The President plays a crucial role in the legislative process, although not in debates or voting.
This structure ensures checks and balances in law-making and upholds the parliamentary democracy system.
The President’s involvement safeguards the constitutional validity and legitimacy of laws passed by the Houses.
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