Article 53 of the Indian Constitution: UPSC 2025 Polity Notes

Actual Article

Article 53 of the Indian Constitution delineates the executive powers of the Union, vesting these powers in the President of India. It outlines the authority of the President and the extent to which these powers can be exercised by him or through officers subordinate to him.

Text of Article 53

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(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.

Article 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.

UPSC Notes for Article 53

• Objective: To establish the President as the supreme executive authority in India and to ensure that executive powers are exercised in accordance with the Constitution.
• Key Provisions:
• Vesting of Executive Power: All executive power of the Union is vested in the President, who can exercise these powers directly or through officers subordinate to him.
• Supreme Command of Defence Forces: The President is the supreme commander of the Defence Forces, but the exercise of this power is subject to law.
• Limitations on Presidential Power: The article ensures that the President does not usurp functions conferred by law on other authorities and allows Parliament to delegate functions to other authorities.
• Significance: Article 53 underscores the central role of the President in the executive framework of the Union government while also defining the constitutional limits and delegation mechanisms of executive authority.

Important Cases and Commissions Related to Article 53

• S.R. Bommai vs. Union of India (1994): This landmark case discussed the scope and limits of the President’s power, particularly in relation to the imposition of President’s Rule in states.
• Ram Jawaya Kapur vs. State of Punjab (1955): The Supreme Court clarified that the President’s executive power is co-extensive with the legislative power of the Union and that it includes matters on which Parliament can legislate.
• Union of India vs. R. Gandhi (2010): The Supreme Court observed that while the President is the executive head, actual power and function are exercised by the Council of Ministers, in accordance with the principle of collective responsibility.

Important Reports Related to Article 53

• Sarkaria Commission Report (1983): Examined the balance of power between the Union and the States, particularly the role of the President in the context of central-state relations.
• Punchhi Commission Report (2010): Provided recommendations on improving the functional efficiency of the office of the President and the Council of Ministers.

Previous Year Prelims Questions Related to Article 53

1. Prelims 2020:

• The executive power of the Union is vested in which authority as per the Indian Constitution?
  • (a) Prime Minister
  • (b) Parliament
  • (c) President
  • (d) Council of Ministers
  • Answer: (c) President

1. Prelims 2018:

• The supreme command of the Defence Forces of the Union is vested in:
  • (a) Prime Minister
  • (b) Defence Minister
  • (c) President
  • (d) Chief of Defence Staff
  • Answer: (c) President

Previous Year Mains Questions Related to Article 53

1. Mains 2019:

• Discuss the constitutional role and powers of the President of India as the supreme executive authority. How does Article 53 ensure a balance of power within the executive branch?

1. Mains 2016:

• Analyze the significance of the President’s role in the Indian political system as defined by Article 53 of the Constitution. How does this role relate to the actual functioning of the Union executive?

Article 53 is fundamental in defining the executive authority of the President of India, emphasizing the central role of the President while ensuring the power is exercised according to the Constitution. This article provides a clear framework for the delegation and execution of executive powers, highlighting the importance of a balanced and regulated exercise of authority within the Union government. Understanding these provisions is crucial for UPSC aspirants preparing for both prelims and mains examinations.