Article 53 of the Costitution of India with Case law
Article 53 of the Constitution of India
Title: Executive power of the Union
Text of Article 53:
53(1): The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
53(2): Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.
53(3): Nothing in this article shall—
(a) be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or
(b) prevent Parliament from conferring by law functions on authorities other than the President.
Explanation:
Article 53 outlines the executive powers of the President of India, acting as the nominal executive head. While the President holds executive powers, they are exercised on the aid and advice of the Council of Ministers (as per Article 74). The actual decision-making lies with the Prime Minister and Council of Ministers, making the President a constitutional head.
Important Case Laws on Article 53:
1. Ram Jawaya Kapur v. State of Punjab (1955 AIR 549)
Key Point: Clarified the scope of executive powers of the President and the Cabinet.
Held: The President is the constitutional head; real executive power rests with the Council of Ministers.
Quote: "India has adopted the parliamentary system... the President exercises his powers only on the aid and advice of the Ministers."
2. Shamsher Singh v. State of Punjab (1974 AIR 2192)
Key Point: Distinguished between formal and real executive authority.
Held: The President and Governors are only formal heads; real power lies with the elected Council of Ministers.
This case reaffirmed that executive power flows from the President, but is exercised by the Council of Ministers.
3. Samsher Singh v. State of Punjab (1974) – Revisited in more detail
Bench: 7 Judges
The Court held that the "President shall act in accordance with the aid and advice of the Council of Ministers" under Article 74(1).
It reinforced the Westminster model followed in India, where the President is not expected to act independently.
4. U.N. Rao v. Indira Gandhi (1971 AIR 1002)
Key Point: Power to appoint Prime Minister.
The President may appoint a Prime Minister even in the absence of a clear majority in the Lok Sabha, but must eventually seek floor test.
5. Kehar Singh v. Union of India (1989 AIR 653)
Key Point: President’s power of pardon under Article 72, exercised with aid and advice of the Council of Ministers.
Conclusion:
Article 53 vests executive powers in the President, but their exercise is not discretionary.
The real authority is exercised by the Council of Ministers, headed by the Prime Minister.
The President acts as a symbolic and ceremonial head, and all executive actions are taken in his name.
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