Articles 86 and 87 of the Constitution deal with the Address by the President. Article 86 confers a right on the President to address either House of Parliament or both Houses assembled together, and for that purpose require the attendance of members. However, since the commencement of the Constitution, the President has not so far addressed a House or Houses together under this provision.

Article 87 deals with a Special Address by the President and provides that the President shall address both Houses of Parliament assembled together at the commencement of the first session after each general election to the Lok Sabha and at the commencement of the first session of each year and inform Parliament of the causes of its summons. Article 87(1) originally required the President to address both Houses of Parliament at the commencement of every session. The Constitution (First Amendment) Act, 1951, amended this provision. The Prime Minister while replying to the debate on clause 7 of the Constitution (First Amendment) Bill, 1951, observed:

The real difficulty of course, is that this involves a certain preparation outside this House which is often troublesome. Members are aware that when a coach and six come all kinds of things have to be done for that purpose. Anyhow that trouble does not fall on the House or members thereof, but on the administration of Delhi.

No other business is transacted till the President has addressed both Houses of Parliament assembled together. In Syed Abdul Mansur Habibullah v. The Speaker, West Bengal Legislative Assembly, AIR 1966 Cal. 371, the Calcutta High Court in connection with article 176 regarding the Governor's Address observed:

If a Legislature meets and transacts legislative business without the preliminary of address by the Governor, when required under article 176, its proceedings are illegal and invalid and may be questioned in a Court of law. As article 87 makes it clear, the Address is to be to both Houses of Parliament assembled together. In other words, it means that if at the time of commencement of the first session of the year, the Lok Sabha has been dissolved and the Rajya Sabha has to meet, then the Rajya Sabha can have its session without the President's Address. During the dissolution of the Lok Sabha in 1977 and 1991, the Rajya Sabha had its sessions on 1 February 1977 and 3 June 1991, respectively without the President's Address.

Date and time for the Address

A communication regarding commencement of a session is received from the Ministry of Parliamentary Affairs. When the President has to address both Houses of Parliament assembled together, the Ministry also informs about the date and time at which the President will address. However, the information regarding the Address is not given in the summons. Members are informed about the date, time and the venue of the President's Address through a paragraph in a Bulletin.
In the case of the first session after each general election to the Lok Sabha, the President addresses both Houses of Parliament assembled together after the members of the Lok Sabha have made and subscribed the oath or affirmation and the Speaker has been elected by the Lok Sabha. The President addressed both Houses of Parliament assembled together twice in the years 1957, 1962, 1989 and 1991, when general elections also took place after the first session of the year had been held.

In the case of the first session each year, the President's Address takes place at the time and date notified for the commencement of the session of both the Houses of Parliament. Half-an-hour after the conclusion of the Address, the Houses assemble separately in their respective Chambers for the transaction of formal business.
The President's Address generally takes place at 11.00 a.m. on the date fixed for the purpose. However, in 1952, the President's Address was fixed at 10.45 a.m., in 1953 at 2.00 p.m., in 1954 at 1.30 p.m., in 1957 (13 May 1957) at 10.45 a.m. and in 1962 (18 April 1962), it was fixed at 9.30 a.m.

Ceremonies connected with the Address

Certain ceremonies are observed in connection with the President's Address. Members assemble in the Central Hall of Parliament sufficiently before the arrival of the President for the Address. Except the rows reserved for Ministers, Deputy Chairman/Deputy Speaker and Leaders of Opposition parties/groups in both Houses, members occupy other seats which are not specifically allotted or earmarked.

The President Drives-in-State to the Parliament House and arrives at Gate No. 5, Parliament House (North- West portico) attended by his Secretary and Military Secretary and escorted by mounted bodyguards. The President's bodyguard presents the "National Salute" and thereafter, the President is received at the Gate by the Chairman, Rajya Sabha, the Speaker, Lok Sabha, the Prime Minister, the Minister of Parliamentary Affairs and the Secretaries-General of both the Houses. The President is then conducted to the Central Hall in procession. As soon as the Presidential procession enters the Central Hall, the Marshal of the Lok Sabha announces the arrival of the President and the trumpeteers give a fan-fare till the President arrives at the dais. Members rise in their places and remain standing until the President has taken his seat. On reaching the floor of the Central Hall in front of the dais the procession bifurcates: the President and the Presiding Officers move towards their seats on the dais - the Chairman, Rajya Sabha, to the right and the Speaker, Lok Sabha, to the left of the President who occupies the middle seat; the Prime Minister and the Minister of Parliamentary Affairs occupy the seats facing dais; the Secretary-General, Rajya Sabha, Secretary to the President and two ADCs move towards the chairs placed in the pit of the Central Hall on the right hand side of the dais and the Secretary-General, Lok Sabha, Military Secretary and two ADCs move towards the chairs at the left hand side of the dais. Two ADCs stand behind the President's Chair on the dais. Immediately thereafter, the National Anthem is played by the band of the Rashtrapati Bhawan which is positioned in one of the Lobbies of the Central Hall. Thereafter, as the President sits down, the Presiding Officers and members and visitors in the galleries resume their seats. The President then reads the Address in Hindi or English. The other version of the Address in English or Hindi, as the case may be, is generally read out by the Vice-President.
In 1970, the President delivered the Address in English, and the Hindi version thereof was read by the Secretary to the President, at the conclusion of each paragraph by the President. When the Secretary, Rajya Sabha was about to lay a copy of the President's Address on the Table of the House that year, points of order were raised objecting to the Secretary of the President reading the Hindi version of the Address. The Chairman ruling out the points of order observed that the proceedings of the House relating to the matter would be placed before the President.

After the conclusion of the Address, there is roll of drums followed by the National Anthem. The President thereafter leaves the Central Hall in a procession which is in the same order as at the time of his arrival. Members rise and remain standing till the procession leaves the Central Hall. On reaching the Gate, the President takes leave of the Presiding Officers, the Prime Minister, the Minister of Parliamentary Affairs and the Secretaries-General of both Houses. The bodyguard presents the National Salute. The President then returns to the Rashtrapati Bhawan.
The entire ceremony, as also the delivery of the Address in both the versions, takes about an hour or sometimes more. The ceremony and the Address were televised live through the Doordarshan for the first time on 20 December 1989.

Significance of the occasion

The President's Address to both Houses of Parliament assembled together is a solemn and formal act under the Constitution. Utmost/dignity and decorum befitting the occasion are required to be maintained. It is, therefore, expected of a member not to do anything by words or action which would mar the solemnity or dignity of the occasion. Members are also requested through a Bulletin not to leave the Central Hall during the Address. As observed by the Committee appointed by the Lok Sabha on the conduct of certain members during the President's Address:

It would be seen that the provisions of article 87 are mandatory in so far as the President has to address both Houses of Parliament assembled together and inform Parliament of the causes of its summons. It is a constitutional obligation for the President and he delivers his address in his capacity as the Head of the State. The President's Address is a statement of the government policy of which, as the constitutional Head, he is the mouthpiece. It would be clear that where the Head of the State viz., the President, acts in exercise of a constitutional provision and requires the attendance of members of both the Houses of Parliament to hear his Address, solemnity and dignity are of utmost importance. The President represents not only the executive authority, he is in a sense a symbol of the Constitution. It is noteworthy that following the practice in the Parliament of U.K., in so far as it is practicable under our conditions, the occasion is treated as a solemn one. ...This solemn occasion should, therefore, be marked by dignity and decorum.

It is important, from the point of view of showing proper respect to the Constitution, that every member should maintain utmost dignity and decorum. It is as much a constitutional obligation on the part of the members to listen to the President's Address with decorum and dignity as it is on the part of the President to address Parliament. Any action on the part of a member which mars the occasion of the President's Address or creates disturbance is thus unbecoming of him as a Member of Parliament.

Further, according to article 79, Parliament consists of the President and the two Houses. A member must show due respect to the President while he is discharging his duties under article 87, in order to uphold the dignity of Parliament itself.

Privileges based on Rules of Procedure and precedents

The House has a right to receive immediate information of the arrest, detention, conviction, imprisonment and release of a member on a criminal charge or for a criminal offence.

Members or officers of the House cannot be compelled to give evidence or to produce documents in courts of law, relating to the proceedings of the House without the permission of the House.

Members or officers of the House cannot be compelled to attend as witnesses before the other House or a House of a State Legislature or a committee thereof without the permission of the House and without the consent of the member whose attendance is required.

Incidents of disturbances during the Address

The House may deal with the member creating disturbance on the occasion in the manner it deems fit. Sometimes the House has condemned such an incident or discussed a motion for disapproval of the conduct of the erring members. On 18 February 1963, at the commencement of the Address, a member of the Rajya Sabha was involved in interrupting the proceedings. Next day the matter was discussed in the Rajya Sabha. The House condemned the incident and expressed regret. At the conclusion of the debate the Chairman observed: I agree with the views expressed by all the sections of the House that the conduct of the member of this House, who interrupted the President's Address yesterday and walked out, is reprehensible and unbecoming of a Member of Parliament. The President was performing a function enjoined on him under the Constitution and it should be remembered that the President himself is part of Parliament. He is entitled to the highest respect and any member who deviates from decorum and dignity deserves to be chastised. I shall write to the President conveying to him the deep regret of the House on this most regrettable incident.

Next day, the Chairman sent a letter to the President conveying him "the deep regret of the Rajya Sabha on the most regrettable incident which took place yesterday at the commencement of your Address to both Houses of Parliament assembled together in which one of the members of the Rajya Sabha behaved in a manner which was reprehensible and unbecoming of Member of Parliament."

On 20 February 1963, the Chairman read out to the House a letter received from the President appreciating the sentiments of the Rajya Sabha.

On 23 March 1971, during the President's Address, three members of the Rajya Sabha created obstruction and showed disrespect to the President. At the sitting of the Rajya Sabha held on 7 April 1971, the following motion was moved to disapprove the conduct of those members:

That this House strongly disapproves of the conduct of Shri Raj Narain, Shri Nageshwar Prasad Shahi and Shri Sitaram Singh who created obstruction and showed disrespect to the President on the solemn occasion of his Address to both the Houses of Parliament assembled together under article 87 of the Constitution of India on 23.3.1971 and condemns their undesirable, undignified and unbecoming behaviour.

The House discussed the matter at length but as more members wanted to participate, the Minister of Parliamentary Affairs moved a motion: "That the discussion on the motion be postponed to the next session," which was adopted. The motion, however, was not taken up for further discussion in the next or any subsequent sessions.

In the following cases, however, the House did not take any note of the disturbances during the President's Address:
On 20 December 1989, during the Address, as soon as the President read out the relevant paragraph on Mandal Commission, a member of the Rajya Sabha started shouting about the non-implementation of the assurances regarding Mandal Commission.

On 12 March 1990, during the Address, a member of the Rajya Sabha started making a parallel speech in protest against the non-implementation of the Mandal Commission Report ... he chose to walk out.

On 21 February 1991, during the Address, a member of the Rajya Sabha stood up and protested against the absence of any reference in it to the Mandal Commission Report. He then walked out.

On 11 July 1991, during the Address, a member of the Rajya Sabha caused interruption.

Contents of the Address

The President's Address is the statement of policy of the Government and as such is drafted by the Government. The Address consists of several paragraphs prepared on the basis of material supplied by different Ministries and Departments of the Government. Few months prior to the Address, the Prime Minister's Office requests all Secretaries to the Government of India to supply material on matters in respect of their Ministries/Departments for incorporation in the Address. Therefore, it is not the President but the Government which is responsible for the contents of the Address.
The President's Address covers a large field rather briefly The President's Address... represents the policy of Government... a repetition of Government's policy It may not be a complete repetition of every thing that the Government does; naturally it gives or tries to give a broad survey of the foreign and domestic fields.

It contains a review of the activities and achievements of the Government during the previous year, policy with regard to important internal and international problems and Government's programme of business. But it does not cover the entire probable legislative business to be transacted during all the sessions of the year. Therefore, after the Address, a separate Bulletin is issued informing members of the probable Government legislative and other business expected to be taken up during the session.

Separate sitting and laying a copy of the Address

When members of the two Houses of Parliament assemble together to hear the President's Address, it does not constitute a sitting of the Rajya Sabha (or the Lok Sabha) since a sitting of the Rajya Sabha is duly constituted when it is presided over by the Chairman or a member competent to preside over a sitting of the Rajya Sabha under the Constitution or the Rules of Procedure and Conduct of Business in the Rajya Sabha. It is also not a joint sitting of the two Houses since it has to be presided over by the Speaker of the Lok Sabha or in his absence by such person as may be determined by the Rules of Procedure made under clause (3) of article 118 of the Constitution. Moreover, a joint sitting of both Houses is contemplated only in certain cases and the assembly of members under article 87 is not one of those cases. Sometimes, however, the President's Address has used the expression "Joint Session" to describe such assemblage of members of both Houses together, as may be seen from the following instances:

The President's Address delivered on 18 March 1967 and 17 February 1969, used the expression "Joint Session of the two Houses of Parliament". In 1971 and 1977, the Address contained the expression "Joint Session of the Fifth Parliament/Sixth Parliament" in the opening sentence. In 1980, the expression used was "first joint session of the Seventh Parliament." In 1985, the Address used the expression "first session of the Eighth Parliament" and in 1991 again the expression used was "Joint Session of Parliament."

The President's Address of 1971, contained the following opening sentence: It gives me great pleasure to address this joint session of the Fifth Parliament of our Republic and summon you to new endeavours.

A member raised a point with reference to the opening sentence contending that the joint session was not of the Fifth Parliament; it was the Fifth Lok Sabha. Rajya Sabha was a permanent body and, therefore, how can it be said, he asked, that it was the joint session of the Fifth Parliament. Half-an-hour after the conclusion of the Address, both Houses meet separately in their respective Chambers. Members are intimated about the separate sitting through a paragraph in the Bulletin as well as the Provisional Calendar of Sittings of the session. A copy each of the Hindi and English versions of the Address duly authenticated by the President, which is received in the Secretariat from the Military Secretary to the President, on the date of the Address, is laid on the Table of the House at that sitting by the Secretary-General. Thus, the House formally comes into possession of the Address. Copies of both the versions of the Address are distributed to members in the Lobby or through the Publications Counter only after the Address is formally laid on the Table. Members are informed about this arrangement through a Bulletin. After transacting certain formal business such as obituary references etc., laying of essential papers like Ordinances under article 123 or Proclamations under article 356, introduction of Bills and the like, the House is adjourned for the day.

Procedure for correction of errors, if any, in the Address

Sometimes typographical errors may creep in the Address. On the attention being drawn thereto, necessary corrigendum/erratum is issued by the Secretariat for the information of members. In 1959, the Department of Parliamentary Affairs pointed out a typographical error in the Address delivered on 9 February 1959, that instead of the figure '59' Bills, the figure '49' was printed in paragraph thirty-five of the Address and desired that members be informed accordingly. Although by the time the error was detected, and the Motion of Thanks was adopted on 17 February 1959, an erratum was issued on 25 February 1959.

In 1994, the President's Secretariat in a letter pointed out that the following sentence was missing in paragraph 44 of the Hindi version of the President's Address: [In this context, I am sure hon'ble Members will join me in applauding the successful demonstration of high technology in the launch of "Agni" last Saturday.] It was clarified that the Hindi version when delivered by the President did contain that sentence. A corrigendum was, therefore, issued by the Secretariat before the discussion on the Motion of Thanks commenced in the House.

In the case of any other inaccuracies in the Address, the procedure followed is that the President sends a message to the House before the error is rectified and incorporated in the proceedings of the House. In 1982, the Secretary, Department of Parliamentary Affairs pointed out two inaccuracies which had crept in paragraph 17 of the President's Address and requested to issue the following errata through a Bulletin:

(1) On page 5, in para. 17, line 7, for '1981' read '1980'.

(2) On page 5, para. 17, line 12, after the words 'under-sea link' add the words 'with Malaysia, microwave link.'
The Chairman took a view that 'it is for the President to issue his own corrigendum which will be placed on the Table of the House also.' The Department of Parliamentary Affairs was, therefore, informed to bring to the notice of the President the particular errors in his Address and on his approval of the corrections being made he was requested to send a message to the Rajya Sabha, either addressed direct to the Chairman or conveyed to him through a Minister so that the same could be announced in the House and laid on the Table and thereafter, it could be incorporated in the proceedings and official records of the Rajya Sabha. However, no further Communication was received from the Government.

... the investigating authority may make a report to the Minister of Home Affairs accordingly If the Minister is satisfied that the matter requires seeking the assistance of the member concerned, he would request the member through the Chairman to meet him. If the member agrees to meet the Home Minister and also agrees to give the required information, the Home Minister will use it in a manner which will not conflict with any parliamentary right of the member. If, however, the member refuses to respond to the Home Minister's request, the matter should be allowed to rest there.

Discussion on the Address by Motion of Thanks

The Constitution requires that provision shall be made by the rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in the President's Address. 22 Under article 87(2), as originally enacted, the provision was required to be made by the rules 'for the precedence of such discussion over other business of the House.' By the Constitution (First Amendment) Act, 1951, these words were omitted. In this connection, the Prime Minister observed: