Article 86

Article 86 of the Constitution of India confers upon the President of India the right to address either House of Parliament or both Houses assembled together, and to send messages to either House concerning legislative or national matters. This provision facilitates formal communication between the executive and the legislature, reinforcing the coordination and harmony essential to India’s parliamentary democracy.

Constitutional Provision and Context

Article 86, located in Part V (The Union), establishes two key presidential powers concerning Parliament:

1. The right to address Parliament, either the Rajya Sabha, the Lok Sabha, or both Houses together.
2. The right to send messages to either House regarding any matter, including pending legislation or national issues.

These powers underline the ceremonial and advisory role of the President within the constitutional framework, allowing the Head of State to communicate governmental or executive perspectives directly to the legislature.
The article draws inspiration from British parliamentary conventions, where the monarch’s speech symbolises the government’s legislative programme. However, in India, the President’s powers are exercised on the aid and advice of the Council of Ministers under Article 74, aligning the provision with democratic accountability.

Right of the President to Address Parliament

Under Article 86(1), the President has the right to address either House of Parliament or both Houses together, and may require the attendance of members for such an address.
This address may be used to:

• Communicate matters of national or legislative importance.
• Explain the government’s policy priorities.
• Present information or express views on key constitutional or political issues.

Although Article 87 specifically mandates a special address at the commencement of each new Lok Sabha and the first session of each year, Article 86 gives the President the discretionary power to address Parliament on any other occasion.
In practice, the President’s address serves as an important constitutional formality that symbolises the unity of the executive and legislature. The members are constitutionally required to attend when summoned for such an address, affirming the President’s position as the constitutional head of Parliament under Article 79.

Right of the President to Send Messages to Parliament

Under Article 86(2), the President may send messages to either House of Parliament concerning:

• Bills pending before one or both Houses, or
• Any other matter the President deems of national importance.

The Constitution further provides that each House must consider such messages “with all convenient despatch”, meaning with promptness and seriousness. This clause ensures that the President’s communications receive timely attention and deliberation.
The messages may:

• Highlight the executive’s policy concerns.
• Recommend legislative action or amendments.
• Convey information of public importance, such as matters relating to governance, security, or economic policy.

However, the President’s messages are advisory in nature. They do not bind Parliament to act in a particular manner, preserving the legislature’s independence while maintaining open communication channels with the executive.

Nature and Significance of the Presidential Powers

The powers under Article 86 are symbolic of the President’s constitutional role as a bridge between the executive and legislative organs of the State. They serve several democratic and practical purposes:

• Facilitating communication between the government and Parliament.
• Conveying policy direction or legislative intent.
• Upholding executive accountability, as the President acts on the advice of the Council of Ministers, whose policies are subject to legislative scrutiny.
• Promoting transparency, by enabling the Head of State to inform Parliament and, through it, the public about national priorities.

These powers also highlight the dual character of the President—as the constitutional head of the executive and an integral part of Parliament (Article 79).

Relationship with Related Constitutional Articles

Article 86 is closely connected with other provisions governing the relationship between the President and Parliament:

• Article 79 – Establishes the Parliament consisting of the President and two Houses.
• Article 85 – Deals with the summoning, proroguing, and dissolution of Parliament by the President.
• Article 87 – Requires the President to deliver a special address at the start of every new parliamentary year and after each general election.

Together, these provisions create a framework of executive-legislative communication, ensuring that governance remains cooperative and constitutionally guided.

Practical Operation and Instances

In practice, the President’s address and messages play an essential role in defining the tone and agenda of parliamentary sessions:

• The annual Presidential Address (under Article 87) is the most visible instance of this communication. It outlines the government’s policy priorities and legislative programme, and serves as a blueprint for the year’s parliamentary work.
• On rare occasions, Presidents have sent specific messages to Parliament on urgent or sensitive matters, urging legislative consideration or debate.
• The President’s communications also reinforce the ceremonial aspect of governance, symbolising the unity and authority of the State.

Constitutional and Legal Interpretation

While Article 86 does not mandate Parliament to act upon the President’s address or messages, it obligates both Houses to give them serious and prompt consideration. The President’s interventions under this Article are non-partisan and advisory, intended to inform rather than to direct parliamentary proceedings.
Judicially, the provision has been interpreted within the broader doctrine of separation of powers. The Supreme Court of India has generally refrained from intervening in matters concerning the internal proceedings of Parliament or the ceremonial functions of the President, unless a constitutional violation is evident.
Although there are no major judgments directly interpreting Article 86, related cases dealing with presidential powers—such as Shamsher Singh v. State of Punjab (1974)—clarify that the President acts on ministerial advice, even in the exercise of formal functions like addressing or sending messages to Parliament.

Historical Context

Article 86 reflects the constitutional vision of the President as a dignified, non-political figurehead within India’s parliamentary system. It draws from British constitutional conventions but adapts them to suit the Indian context of a republican executive.
In independent India, the practice of presidential addresses and messages has symbolised continuity and communication between the branches of government. The provision was framed to ensure that the President could articulate national concerns and policy perspectives to Parliament while remaining above political partisanship.

Contemporary Relevance

In contemporary governance, Article 86 continues to serve as a constitutional channel for executive communication. While the President’s role remains largely ceremonial, the addresses and messages under this Article are significant for:

• Outlining the government’s policy roadmap at the beginning of each parliamentary year.
• Providing transparency and public accountability in government functioning.
• Strengthening executive-legislative cooperation within the framework of parliamentary democracy.

Presidential addresses continue to be important events, reflecting the policies and aspirations of the elected government and the broader vision of the Indian State.

Significance

Article 86 holds enduring importance in India’s constitutional and political practice. It:

• Reinforces the constitutional unity of the Republic by linking the executive and legislature.
• Ensures institutional dialogue between branches of government.
• Embodies the spirit of parliamentary democracy, where communication and accountability are vital to effective governance.