Article 53

In the abovementioned Article 53 of the constitution two things are subject to the interpretation:

1. Extent of executive power. 

2. Officers sub-ordinate to him.

Lets start with the “ extent of executive power”

the executive power is explained in the Article 73 of the constitution, the Article 73 does not confine the nature of executive power, because even Hon’ble Supreme Court held that it is not possible to frame the exhaustive defination as to what executive function mean and  imply.

Executive power in the Article 73 is explained as:

1. It shall extend to the matter in which parliament has power to make laws. ( We can infer from this that the executive power mentioned here are coextensive with the legislative powers)

2. It shall also extend to exercize rights, authority, and jurisdication as exercizable by Govt. of India by virtue of any treaty and agreement.

According to the Hon’ble Supreme Court the executive powers cannotes the residue of govt. functions that remain after legislative and judicial functions are taken away.

In Ram Jawaya Kapur Vs State of Punjab (1955) reported in AIR 1955 SC 549

The Hon’ble Supreme Court observed that, 

“Article 73 relates to executive power of Union, and Article 162 relates to executive powers of the states... they do not mean that Union or the State executive can act only when there is existing legislation... executive power covers matters on which Parliament/State Legislature is competent to legislate.”

If the executive forms a policy to start a trade or business, it is not always necessary to have  legislative sanction. If any such trade or business requires expenditure and funds, then legislative sanction is necessary.

Now lets move to the second subject for interpretation that is officers “officers sub-ordinate to him”

The President is constitutional or formal head of the executive, the real power is vested in the Council of Ministers. All executive functions are carried on the aid and advice of council of ministers.

The President (Formal executive head)

• Acts through the Ministers (Real executive power),

• Minister act through civil sevants (Operational execution),

• all actions are constitutionally those of the president.

The satisfaction of the President is not the personal satisfaction, It is satisfaction of council of ministers. And this satisfaction is subject to the judicial review. Thus, executive power is institutional, not personal.

From above discussion we can substantiate that Article 53 does not confer personal executive authority upon  the President, but reflect the constitutional mechanism by which the executive power, though formally vested in the President, is exercised through Council of Ministers and the administrative machinery of the State, in accordance with the parliamentary system adopted by the Constitution.