The President and Governor in legislation play a crucial role in the Indian legislative process, acting as the constitutional heads of the Union and the states, respectively. While they do not participate in law-making directly, they have significant responsibilities in approving, withholding, or reserving bills for reconsideration. Their roles ensure a smooth legislative process and uphold constitutional values.

Role of the President in Legislation

As the head of state, the President of India performs several legislative functions, ensuring that laws enacted by Parliament comply with constitutional provisions.

1. Ordinance-Making Power

• The President can promulgate ordinances under Article 123 when Parliament is not in session.
  
  
• These ordinances hold the same force as laws passed by Parliament but must be approved within six weeks of the next session.
  
  

2. Business of the House

• The President summons, prorogues, and dissolves the Lok Sabha on the advice of the Prime Minister.
  
  
• The first session of each year and the first session after every general election begin with the President’s address.
  
  

3. Disqualification of Members of Parliament (MPs)

• The President decides on the disqualification of MPs in consultation with the Election Commission, as per Article 103.
  
  

4. Control Over Legislation

• Certain bills require the President’s prior recommendation, such as:
  
  
• Money Bills that withdraw funds from the Consolidated Fund of India.
  
  
• Bills affecting state boundaries under Article 3.
  
  
• The President can return non-money bills for reconsideration, but if passed again, approval becomes mandatory.
  
  

5. Power to Nominate Members

• The President nominates 12 members to the Rajya Sabha from fields like Art, Literature, Science, and Social Service.
  
  

6. Laying Reports Before Parliament

• The President ensures the presentation of key reports, including:
  
  
• Annual Financial Statement (Budget).
  
  
• Reports of the Comptroller and Auditor General (CAG).
  
  
• Finance Commission recommendations.
  
  

Role of the Governor in Legislation

The Governor of a state acts as the constitutional head at the state level, playing a role similar to that of the President but within the state's legislative framework.

1. Ordinance-Making Power

• The Governor can issue ordinances under Article 213 when the state legislature is not in session.
  
  
• The ordinance remains valid for six weeks after the legislature reconvenes unless approved.
  
  

2. Business of the House

• The Governor summons, prorogues, and dissolves the State Legislative Assembly based on the Chief Minister’s advice.
  
  
• The Governor delivers an address at the first session of each year and after a general election.
  
  

3. Disqualification of MLAs

• The Governor decides on the disqualification of MLAs as per Article 192, in consultation with the Election Commission.
  
  

4. Control Over State Legislations

• The Governor can reserve certain bills for the President’s consideration, including those:
  
  
• Affecting the High Court’s powers.
  
  
• Endangering constitutional provisions.
  
  
• Affecting the national interest.
  
  

5. Power to Nominate Members

• The Governor nominates members to the Legislative Council, selecting experts from Literature, Science, Art, and Social Services.
  
  

6. Laying Reports Before the Legislature

• The Governor ensures the tabling of important reports such as:
  
  
• State Finance Commission Report.
  
  
• State Public Service Commission Report.
  
  
• CAG reports on state finances.
  
  

Conclusion

The President and Governor in legislation serve as crucial constitutional authorities ensuring the smooth functioning of the legislative process at the Union and state levels. Their powers, including ordinance-making, summoning houses, nominating members, and approving bills, help maintain legislative discipline and uphold constitutional values. A clear understanding of their roles enhances governance and strengthens Indian democracy.