Article 87 of the Costitution of India with Case law
Article 87 of the Constitution of India
Title: Special Address by the President
🔹 Text of Article 87:
Article 87(1):
At the commencement of the first session after each general election to the House of the People (Lok Sabha) and at the commencement of the first session each year, the President shall address both Houses of Parliament assembled together and inform them of the causes of its summons.
Article 87(2):
Provision shall be made by rules for the allotment of time for discussion of the matters referred to in the President’s address.
🧠Explanation:
The President’s Address is a constitutional requirement and a key part of Parliamentary tradition.
It is delivered in a joint sitting of both Lok Sabha and Rajya Sabha.
The content is prepared by the Council of Ministers and reflects the government's policy and agenda.
After the address, a Motion of Thanks is discussed in both Houses.
⚖️ Important Case Law Related to Article 87:
âś… 1. Rameshwar Prasad v. Union of India (2006) 2 SCC 1
Issue: Related to the dissolution of the Bihar Assembly.
Relevance: The Supreme Court emphasized the importance of constitutional procedures, including the President's address as a key ceremonial and constitutional step in the functioning of Parliamentary democracy.
âś… 2. Mohd. Saeed Siddiqui v. State of U.P. (2014) 11 SCC 415
Context: Challenge to a government policy announced in the Governor's address (analogous at the state level to President's address).
Held: The speech delivered by the President or Governor under Articles 87 or 176 is not subject to judicial review merely for the content of the policies mentioned, unless they violate the Constitution.
âś… 3. K.M. Sharma v. Devi Lal (1990 SCR Supl. (2) 172)
The Court reiterated the importance of following constitutional rituals and procedures, including Article 87, to uphold democratic norms.
đź“Ś Key Points to Remember:
| Feature | Description |
|---|---|
| Who Delivers | President of India |
| When | First session after general elections and first session each year |
| To Whom | Joint sitting of Lok Sabha and Rajya Sabha |
| Purpose | To inform Parliament of the causes of its summons and outline government agenda |
| Motion of Thanks | Follows the President’s address; it is debated and passed in both Houses |
| Judicial Review? | Limited, only if the address contains unconstitutional elements |
đź“ť Summary:
Article 87 reinforces the President’s ceremonial role in opening Parliamentary sessions.
It ensures accountability of the executive to the legislature by requiring a formal statement of policy.
Although not justiciable in terms of content, the procedure must be constitutionally followed.
RELATED Blog
0 comments