This article is a compilation of Article 53 as it is. You can read its Hindi and English translation. You can understand it well, that’s why its explanation is also given below, you must read it.
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📜 (Article 53)
|53. Executive power of the Union.—(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.|
(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.
(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.
Article 53 Explanation in Hindi
Article 52 to 151 comes under Part V of the Indian Constitution . Part 5 is divided into 5 chapters. The first chapter of this is – Executive .
Articles 52 to 78 come under the executive. And the executive of the union has been discussed under this part. Under which the President , the Vice President , the Council of Ministers and the Attorney General come.
The Prime Minister has not been discussed here under the executive because the Prime Minister is the head of the Council of Ministers.
Remember here that Part 5 of the Constitution is also known as the Union or The Union.
Overall, under Part 5 of the Constitution, it comes from Article 52 to Article 151. In this article we are going to understand Article 53 ;
, Article 53 – Executive power of the Union
Article 53 is about the executive power of the Union. This article has three sections. Let us understand it one by one;
Article 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.
Article 53 of our Constitution vests the executive power in the President. That is, the President has some executive powers , which he uses himself and through his subordinate .
first question What is executive power?
In general, executive power includes all those government functions which are left after removing the legislative and judicial functions. That is, if you remove the judicial function and remove the legislative function, then what is left will be called executive power.
Broadly speaking, the executive function consists of the following things;
- Formulation of policy and its execution,
- initiation of legislation,
- maintain order,
- Promotion of social and economic welfare,
- Conduct of foreign policy etc.
Overall, it includes running or superintending the general administration of the state. Along with this, political and diplomatic activities are also included in it.
But remember here that Article 298 was amended under the 7th Constitutional Amendment Act in the year 1956 and the executive powers of the Union and the State were expanded on the following subjects as well;
(a) trade and business,
(b) the acquisition, holding and disposal of property,
(c) entering into contracts for any purpose.
second question What is the executive power of the President?
It has been said in Article 53 that all the executive powers of the union will be vested in the President, that is why all the work related to governance is done in the name of the President.
If we see from the point of view of the President, then even if any party has a government at the center, but from the constitutional point of view, it is the government of the President only.
under article 77 It is clearly mentioned that all executive action of the Government of India shall be said to be taken in the name of the President.
The President has the power to make such rules so that all the orders given in the name of the President are legally valid.
Along with this, he should also make such rules so that the central government can work smoothly and the said work can be easily distributed to the ministers.
under article 75 The Prime Minister is appointed by the President. It means to say that the public only elects the MP. Not the Prime Minister or other ministers. The MP of the majority party chooses its leader. Who is appointed by the President to the post of Prime Minister. The other ministers are chosen by the Prime Minister and are also appointed by the President.
This means that the Prime Minister and other ministers work during the pleasure of the President. And the second thing is that whatever work the Prime Minister does, he does it only in the name of the President.
Under Article 74, a Council of Ministers is formed for this. This Council of Ministers is formed only to advise the President.
under article 76The President also decides the appointment of the Attorney General and his salary etc.
That is, the Attorney General of India also works on his post only during the pleasure of the President and receives such remuneration that the President determines.
Not only this, the President also appoints the Comptroller and Auditor General of India (CAG), Chief Election Commissioner and other Election Commissioners, Chairman and members of the Union Public Service Commission, State Governors, Chairman and members of the Finance Commission etc.
Article 78 It is clearly written in the letter that if the President asks for any information related to the administration and legislation of the Central Executive, then it will be the duty of the Prime Minister to make it available to the President.
Another thing is mentioned in the same article that – if a decision has been taken by a minister but the Council of Ministers has not considered it, then in such a situation, if the President says so, then that decision will have to be placed before the Council of Ministers for consideration.
Along with this, he can declare any area as a scheduled area. He also has the powers of administration of scheduled areas and tribal areas.
under article 263If the President feels that public interest will be served by the establishment of such a council, then he can establish such a council by his order.
We have also read in the article on inter-state relations that the President has constituted many such councils in the past . Such as – Central Health Council, Central Local Government and Urban Development Council etc.
The rules and regulations of the Union Territories are usually made by the President. The President has a lot of prerogative in this matter. As the law made by the Parliament is applicable in the Union Territory only after the assent of the President. And if the President wants, he can also make some changes in it.
◾ Though the principle of separation of power is not strictly followed in our constitution, yet it does not mean that in our constitution, one organ can encroach upon the constitutional power of another organ or delegate its constitutional functions to another organ or authority. can delegate to.
The distribution of powers is necessary in the written constitution. Although the legislative and judicial powers are not expressly vested in the Legislature and the Judiciary by the Constitution, yet it is clear from the various provisions of the Constitution that the power to make laws is to be exercised by the Parliament and the Legislatures of the States and the Constitution The power to interpret and adjudicate shall be exercised by the Court.
third question Who are subordinate officers?
The Minister is a subordinate officer of the President [under Article 53(1)] and the Governor [under Article 154(1)]. Therefore, he is also a public servant within the meaning of section 21 of the Indian Penal Code.
Article 53(2)– Without prejudice to the generality of the foregoing provision, the supreme command of the Defense Forces of the Union shall be vested in the President and its exercise shall be regulated by law.
This simply means that the President is the Supreme Commander of all the three armies. However, its use will be regulated by law.
Article 53(3)(a)Nothing in this article shall be deemed to transfer to the President any functions conferred on the Government of any State or other authority by any existing law; Or
(b)Nothing in this article shall prevent Parliament from conferring by law functions on authorities other than the President.
Under Article 53 we understood that the executive power of the Union would be vested in the President. You can see Article 53(3)(a) and (b) as a proviso to this;
According to Article 53(3)(a) if any law is already in existence and under which certain executive functions have been given to the State Government or other authority, then Article 53 shall not be deemed to transfer those functions to the President. (transfer) has been done.
That is, if that function has been given to the State Government, it will be performed by the State Government only or that function will remain with the State Government only, it will not be transferred to the President, regardless of what is written in Article 53.
Or else, under article 53(3)(b) nothing in this article shall prevent Parliament from conferring functions by law on authorities other than the President.
That is, if any authority (work) is given by the Parliament to any authority other than the President, then Article 53 will not become a hindrance in it. Even though it is written in Article 53 that the executive power of the Union shall be vested in the President.
Facts to note:
The use of executive power is not dependent on the previous legislation – one of the functions of the executive is to execute the laws. It does not mean that the executive can act on a subject only if a law already exists.
Legislation is necessary for some works. For example, it is necessary to have a specific legislation to spend from the public fund. But further it cannot be held that in order to do any act such as carrying on a trade or business, it is necessary that the executive should first obtain legislative sanction.
In the exercise of the executive power, the Government may do any act which,
(1) is not a function which has been assigned by the Constitution to any other authority or body such as the Legislature or the Judiciary or the Public Service Commission.
(2) is not contrary to the provisions of the Constitution or of any other law.
(3) Does not violate or encroach upon the legal rights of any person.
According to the same principle, it has been held that making treaties is the function of the executive and the domestic courts cannot go into the question of validity of the treaty made by the Government of India in exercise of the power under Article 53 and the treaty has not been held to be defective on this ground. It can be said that there is no legislation to support it.
Legislation shall be required to give effect to the treaty ,—
(a) where provision has been made for the payment of money to any foreign power as the money shall be drawn from the Consolidated Fund of India.
(b) where the rights of citizens of India are affected by the treaty. Acquisition of property surrendered to India by a foreign power does not require legislative approval, but surrender of Indian territory to a foreign state requires an amendment of the Constitution.
So this is Article 53, I hope you have understood. To understand other paragraphs, you can use the link given below.
What is Article 53?
Article 53 states that the executive power of the Union shall be vested in the President and he shall exercise this power either himself or through officers subordinate to him.
Read the article to understand in detail;
| Related Article
|Hindi Articles||English Articles|
|⚫ अनुच्छेद 52|
⚫ अनुच्छेद 54
|⚫ Article 52|
⚫ Article 54
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⚫ भारत की न्यायिक व्यवस्था
⚫ भारत की कार्यपालिका
⚫ Basics of Parliament
⚫ Fundamental Rights
⚫ Judiciary in India
⚫ Executive in India
Disclaimer- Article presented here and its interpretation on the original constitution (latest edition), DD Basu's interpretation on the constitution (mainly) and various scholars of the constitution (whose articles are available in newspapers, magazines and audio-visuals on the Internet) based on. We have just tried to make it interesting and easy to understand.