Article 86 of the Constitution of India deals with the right of the President to address and send messages to either House of Parliament. It provides the President with a constitutional means of communicating with Parliament.
- Meaning of Article 86
- Article 86(1) – President’s Right to Address Parliament
- Addressing Either House
- Article 86(2) – President’s Right to Send Messages
- What Does “All Convenient Despatch” Mean?
- President’s Two Powers Under Article 86
- Article 86 and Article 87
- Article 86 and Article 85
- Article 86 and Article 79
- Article 86 and Article 74
- Can the President Address Only Both Houses Together?
- Can the President Send a Message to Both Houses?
- What Happens After a Presidential Message?
- Article 86 and Pending Bills
- Article 86 vs Article 111
- Article 86 vs Article 87
- Importance of Article 86
- Article 86 at a Glance
- Common Confusions
- Quick Revision
- Conclusion
The Article contains two distinct powers: the President may address either House or both Houses assembled together, and may send messages to either House regarding pending Bills or other matters.
Meaning of Article 86
Article 86 gives the President the right to communicate with Parliament in two ways:
- By addressing either House of Parliament or both Houses assembled together; and
- By sending messages to either House.
The Article ensures a formal constitutional channel of communication between the President and Parliament.
Article 86(1) – President’s Right to Address Parliament
Article 86(1) provides that the President may:
- Address either House of Parliament; or
- Address both Houses assembled together.
The President may do so for the purpose of addressing Parliament on matters that are constitutionally or otherwise relevant to its functioning.
The provision gives the President the constitutional authority to appear before and address Parliament.
Addressing Either House
The President can address:
Lok Sabha
or
Rajya Sabha
The President can also address both Houses assembled together.
This is different from the special address provided under Article 87.
Article 86(2) – President’s Right to Send Messages
Article 86(2) provides that the President may send messages to either House of Parliament.
The message may relate to:
- A Bill pending before Parliament; or
- Any other matter.
The House to which a message is sent must consider the matter with all convenient despatch.
What Does “All Convenient Despatch” Mean?
The expression means that the House should consider the matter without unnecessary delay, having regard to the circumstances and parliamentary procedure.
It does not mean that the House must immediately accept the President’s position.
The House is required to consider the message, but Parliament retains its constitutional legislative functions.
President’s Two Powers Under Article 86
| Article 86(1) | Article 86(2) |
|---|---|
| President may address either House | President may send messages to either House |
| May address both Houses together | Message may concern a Bill or other matter |
| Direct oral communication | Written/formal constitutional communication |
| Address is made to Parliament | House must consider the message |
Article 86 and Article 87
Article 86 is often confused with Article 87.
Both deal with the President’s communication with Parliament, but they are different.
Article 86
Provides a general discretionary power of the President to address either House or both Houses and send messages to either House.
Article 87
Provides for the President’s special address at:
- The first session after each general election to the Lok Sabha; and
- The first session of each year.
Therefore:
Article 86 → General right to address and send messages
Article 87 → Special constitutional address
Article 86 and Article 85
Article 85 deals with summoning, prorogation and dissolution of Parliament.
Article 86 deals with the President’s communication with Parliament.
The provisions are connected because the President summons Parliament under Article 85 and may address either House under Article 86.
Article 86 and Article 79
Article 79 establishes the constitutional structure of Parliament:
President + Rajya Sabha + Lok Sabha
Article 86 provides one of the mechanisms through which the President communicates with the Houses of Parliament.
Article 86 and Article 74
The President exercises constitutional functions within India’s parliamentary system, where the Council of Ministers aids and advises the President under Article 74.
Therefore, Article 86 should be understood within the broader constitutional relationship between the President, Council of Ministers and Parliament.
Can the President Address Only Both Houses Together?
No.
Under Article 86(1), the President may address:
- Either House separately; or
- Both Houses assembled together.
Therefore, a joint sitting is not necessary for every presidential address under Article 86.
Can the President Send a Message to Both Houses?
Article 86(2) specifically refers to sending messages to either House.
A message may concern a Bill pending before the House or any other matter.
What Happens After a Presidential Message?
The House receiving the message is constitutionally required to consider the matter with all convenient despatch.
The message does not automatically become law or impose a particular legislative outcome.
The House considers it through its parliamentary procedures.
Article 86 and Pending Bills
A presidential message under Article 86(2) may relate to a Bill pending before Parliament.
This provides the President with a constitutional means of communicating with the House regarding legislative business.
However, Article 86 should not be confused with the President’s power to assent to Bills under Article 111.
Article 86 vs Article 111
Article 86 → Communication with Parliament
Article 111 → President’s assent to Bills
Article 86 allows the President to send messages to a House, while Article 111 governs what happens to a Bill after it has been presented to the President for assent.
Article 86 vs Article 87
| Article 86 | Article 87 |
|---|---|
| General right of President to address | Special address |
| May address either House | Address to both Houses assembled together |
| May also send messages | Deals with specified opening sessions |
| Article 86(2) covers messages | Article 87 covers special constitutional occasions |
Importance of Article 86
1. Creates a Communication Channel
It provides a constitutional mechanism for communication between the President and Parliament.
2. Enables Presidential Addresses
The President can address either House or both Houses together.
3. Allows Messages on Legislative Matters
The President can send messages concerning pending Bills or other matters.
4. Strengthens Constitutional Coordination
The provision facilitates communication between the constitutional head of the Union and Parliament.
5. Supports Parliamentary Functioning
The requirement that the House consider a presidential message ensures that such communication receives parliamentary attention.
Article 86 at a Glance
| Point | Constitutional Position |
|---|---|
| Article | Article 86 |
| Subject | President’s right to address and send messages |
| Who exercises the power? | President |
| Address | Either House or both Houses together |
| Messages | Sent to either House |
| Message may concern | Pending Bill or any other matter |
| House’s duty | Consider the message with all convenient despatch |
| Related Article | Article 87 |
| Bill assent | Article 111 |
Common Confusions
Can the President Address Rajya Sabha?
Yes.
Article 86 allows the President to address either House.
Can the President Address Lok Sabha?
Yes.
Can the President Address Both Houses Together?
Yes.
Can the President Send a Message to Parliament?
Yes. Under Article 86(2), the President can send a message to either House.
Can a Presidential Message Concern a Bill?
Yes.
It can relate to a Bill pending before the House.
Does the House Have to Accept the President’s Message?
No.
The House must consider the message with all convenient despatch. Article 86 does not require the House to accept the President’s view.
Is Article 86 the Same as the President’s Special Address?
No.
The special constitutional address is dealt with under Article 87.
Quick Revision
- Article 86 → President’s right to address and send messages to Parliament.
- President may address either House.
- President may address both Houses assembled together.
- President may send messages to either House.
- A message may concern a pending Bill or any other matter.
- The concerned House must consider the message with all convenient despatch.
- Article 85 → Sessions, prorogation and dissolution.
- Article 87 → Special address by President.
- Article 111 → President’s assent to Bills.
Conclusion
Article 86 establishes a constitutional channel through which the President can communicate directly with Parliament. It allows the President to address either House or both Houses assembled together and to send messages to either House concerning pending Bills or other matters.
The provision should be distinguished from Article 87, which deals with the President’s special address, and Article 111, which deals with presidential assent to Bills.
The key point to remember is:
Article 86 → The President may address either House or both Houses together and may send messages to either House regarding a pending Bill or any other matter.
