Article 53 is a foundational article that formally establishes the President of India as the constitutional head of the executive branch of the Union. It delineates the source and nature of the executive power exercised at the central level.
This article is crucial for understanding the structure of the Indian executive, highlighting the President’s position as the repository of executive power while also hinting at the manner in which this power is practically exercised within the framework of a parliamentary democracy.
Original Text
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) 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.
Detailed Explanation
Article 53 defines the scope and locus of the Union’s executive power.
Clause (1) is pivotal. It declares that the executive power of the Union Government resides in the President. This power can be exercised by the President either personally or through officers subordinate to him. The crucial caveat is that this exercise must be “in accordance with this Constitution”. This phrase is interpreted in conjunction with other articles, particularly Article 74, which mandates that the President shall act on the aid and advice of the Council of Ministers. Therefore, while the power is vested in the President, its exercise is guided by the Council of Ministers, making the President the de jure (legal) head and the Council of Ministers (headed by the Prime Minister) the de facto (actual) executive. The “officers subordinate to him” include ministers (who are constitutionally subordinate to the President) and other government officials.
Clause (2) vests the supreme command of the Defence Forces of the Union in the President. This makes the President the supreme commander of the Army, Navy, and Air Force. However, this clause explicitly states that the exercise of this command “shall be regulated by law”. This means that Parliament has the power to make laws governing the structure, organization, administration, and operational aspects of the defence forces and how the President’s command is to be exercised, ensuring civilian control over the military.
Clause (3) contains two saving provisions. Sub-clause (a) clarifies that Article 53 does not transfer any functions already conferred by existing law on a State Government or any other authority to the President. This preserves the distribution of powers and functions between the Union and States and other bodies as they existed before the Constitution or through existing laws. Sub-clause (b) ensures that Parliament retains the power to confer functions on authorities other than the President through legislation. This allows for administrative delegation and the creation of statutory bodies or functionaries to perform specific executive tasks, preventing the President from being the sole authority for all executive actions.
Detailed Notes
- Article 53 deals with the Executive Power of the Union.
- Clause (1):
- Vests the executive power of the Union in the President.
- This power is the sum total of the powers of governance of the Union, covering all areas where Parliament has legislative competence.
- The power can be exercised by the President directly (e.g., appointing judges, signing treaties) or through officers subordinate to him.
- “Officers subordinate to him” includes Ministers (Cabinet Ministers, Ministers of State, etc.) and all other government officials.
- The exercise of power must be “in accordance with this Constitution”, which implies acting on the aid and advice of the Council of Ministers (Article 74).
- Establishes the President as the constitutional or nominal (de jure) head of the executive.
- Clause (2):
- Vests the supreme command of the Defence Forces (Army, Navy, Air Force) in the President.
- This makes the President the Commander-in-Chief.
- The exercise of this supreme command is not absolute but “shall be regulated by law” made by Parliament.
- Ensures civilian control over the military.
- Clause (3):
- Sub-clause (a): Prevents Article 53 from transferring functions already vested by existing laws in State Governments or other authorities to the President. Preserves existing functional distribution.
- Sub-clause (b): Allows Parliament, through law, to confer functions on authorities other than the President. Enables delegation of executive functions to ministries, departments, statutory bodies, etc.
Additional Comments
- Article 53, when read with Article 74, establishes the parliamentary system of government in India, where the President is the head of state and the Prime Minister, heading the Council of Ministers, is the head of government and the real executive.
- The phrase “officers subordinate to him” has been interpreted broadly by courts to include all government officials exercising executive functions under the President’s authority.
- The “supreme command” of the defence forces being regulated by law ensures that decisions regarding the military, especially operational deployment, are ultimately subject to parliamentary oversight and government policy, reinforcing democratic control.
- Clause 3(a) protects the federal structure by ensuring that executive functions belonging to states are not automatically transferred to the President under the guise of Union executive power.
- Clause 3(b) is essential for administrative efficiency, allowing for the delegation of numerous executive tasks to relevant ministries, departments, and specialized agencies.
Summary
The executive power of the Union is vested in the President of India, who serves as the formal head. This power is exercised either directly by the President or indirectly through subordinate officers, always in accordance with the Constitution, implying reliance on the aid and advice of the Council of Ministers. The President is also designated the supreme commander of the Defence Forces, with the manner of exercising this command subject to regulation by parliamentary law. The article also clarifies that it does not take away functions vested in State Governments or other authorities by existing laws, nor does it prevent Parliament from assigning functions to authorities other than the President through legislation.