Article 52 of the Costitution of India with Case law
Article 52 of the Constitution of India
Text of Article 52:
"There shall be a President of India."
This article simply establishes the position of the President of India as the head of the state. It does not specify powers, duties, or procedures related to the President—that is detailed in subsequent articles (Articles 53–62).
Key Points:
Constitutional Requirement: Article 52 mandates the existence of a President.
Head of the State: Though largely a ceremonial post, the President plays an essential constitutional role.
Executive Power: As per Article 53, the executive power of the Union is vested in the President.
Related Case Law:
1. Shamsher Singh v. State of Punjab (1974 AIR 2192)
Key Issue: Whether the President/Governor exercises powers independently or under the aid and advice of the Council of Ministers.
Held: The President is only a constitutional head and must act on the aid and advice of the Council of Ministers, as per Article 74.
Importance: Reinforced that Article 52 does not imply independent power to the President.
2. Ram Jawaya Kapoor v. State of Punjab (1955 AIR 549)
Key Issue: Nature of the executive powers of the President.
Held: The President is the formal head; actual executive functions are performed by ministers.
Importance: Clarified that Article 52 is a formal provision and executive powers under Article 53 are exercised on ministerial advice.
Conclusion:
Article 52 is foundational—it mandates the existence of a President, but the functioning and powers are elaborated in further provisions. The real executive authority is exercised by the Council of Ministers, with the President acting mostly in a ceremonial and constitutional role.
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