Article 53 of CoI : Article 53: Executive power of the Union.

CoI

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Explanation using Example

Example 1:

Scenario: Appointment of a Governor

Explanation: The President of India has the executive power to appoint the Governor of a state. This power is exercised directly by the President as per the Constitution.

Example: The President of India appoints Mr. Sharma as the Governor of Maharashtra. This decision is made by the President directly, showcasing the executive power vested in the President by Article 53.

Example 2:

Scenario: Military Command

Explanation: The President holds the supreme command of the Defence Forces of India. However, the actual exercise of this power is regulated by laws passed by Parliament.

Example: During a national security crisis, the President, as the supreme commander of the Defence Forces, authorizes a military operation. However, the operational details and execution are carried out by the Defence Ministry and military officers, following the regulations and laws established by Parliament.

Example 3:

Scenario: Delegation of Powers

Explanation: The President can exercise executive powers through subordinate officers. This means that various ministries and departments operate under the authority of the President.

Example: The Ministry of Home Affairs issues a directive to improve internal security measures. This directive is issued by the Home Minister, who is a subordinate officer exercising the executive power of the President.

Example 4:

Scenario: State Government Functions

Explanation: Article 53(3)(a) clarifies that the President does not take over functions assigned to state governments by existing laws.

Example: The state government of Karnataka is responsible for managing its police force as per state laws. The President does not interfere with this function, as it is conferred by existing state laws.

Example 5:

Scenario: Legislative Authority

Explanation: Article 53(3)(b) allows Parliament to assign functions to authorities other than the President.

Example: Parliament passes a law that grants the Election Commission of India the authority to conduct and oversee elections. This function is not directly handled by the President but is conferred by Parliament to the Election Commission.

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