Executive Power of the Union (Article 53)

At a Glance

• What it is The executive power of the Union is vested in the President
• Article Article 53 in Part V (Articles 52 to 78 deal with the Union executive)
• Union executive President, Vice-President, Prime Minister, council of ministers and Attorney General
• Exercise Directly or through subordinate officers, in accordance with the Constitution
• Exam link UPSC Prelims, Polity: President

Where Does It Fit?

This is the first topic of the category on the President. Articles 52 to 78 in Part V of the Constitution deal with the Union executive. The President is the head of the Indian State, the first citizen of India and the symbol of the unity, integrity and solidarity of the nation.

What Article 53 Says

Article 53 says that the executive power of the Union shall be vested in the President and shall be exercised by the President either directly or through officers subordinate to the President, in accordance with the Constitution. Article 52 provides that there shall be a President of India. Together they place the President at the head of the executive, but this has to be read with Articles 74 and 75, which create the council of ministers with the Prime Minister at the head to aid and advise the President and make the council collectively responsible to the Lok Sabha.

Who Forms the Union Executive

How the Executive Power Is Exercised

All executive actions of the Government of India are formally taken in the name of the President. The President can make rules specifying the manner in which orders and other instruments made and executed in the President’s name shall be authenticated. The President can make rules for the more convenient transaction of the business of the Union government and for the allocation of the said business among the ministers. These powers are exercised on the advice of the council of ministers, which is why the President is called the nominal or titular executive and the Prime Minister the real executive.

The President can seek any information relating to the administration of the affairs of the Union and proposals for legislation from the Prime Minister. The President can also require the Prime Minister to submit for consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council. Article 78 makes it a duty of the Prime Minister to furnish such information.

The Nominal Head

Dr Ambedkar summed up the true position: the President occupies the same position as the King under the English Constitution. The President is the head of the State but not of the Executive, represents the nation but does not rule it, and is the symbol of the nation, a ceremonial device or a seal by which the nation’s decisions are made known. The 42nd Amendment Act of 1976 made the President bound by the advice of the council of ministers, and the 44th Amendment Act of 1978 allowed the President to ask the council to reconsider its advice once, after which the reconsidered advice is binding. These points are taken up in detail in the topic on the President’s position.

The executive power is not unlimited by territory or subject. It extends to all matters on which Parliament can make laws, in accordance with Article 73, and the President administers the Union territories directly through administrators appointed by the President. In this way Article 53 supplies the constitutional base from which all the specific powers of the President, executive, legislative, financial, judicial, diplomatic, military and emergency, are derived.

Why Is This Topic Important?

• Foundation topic Article 53 anchors the entire category
• Prelims angle Components of the Union executive are asked directly
• Link to responsible government Articles 74 and 75 qualify Article 53

What Came Next?

The next topic covers the election of the President under Articles 54 and 55.

Key People and Terms

• Union executive President, VP, PM, council of ministers, Attorney General
• Titular executive Nominal head with no real power
• De jure executive Executive in law, not in fact
• Authentication Formal certification of orders
• Part V The Union chapter of the Constitution

Exam Corner

Mains Angle

Questions on this topic usually ask about the real versus the nominal executive. Use these points to add depth.

• Formal versus real power Executive action is taken in the President’s name
• Constitutional constraint Articles 74 and 75
• Rule-making Authentication and business rules
• Union territories Direct administration through administrators