Meaning and Constitutional Basis
Executive Power refers to the authority vested in the President, Prime Minister, Council of Ministers, and State Governments to implement laws and administer public affairs. Under Article 53(1) of the Indian Constitution, the executive power of the Union is vested in the President and exercised by him either directly or through subordinate officers. Similarly, Article 154(1) vests executive power of the State in the Governor. This power includes enforcement of laws, administration of government schemes, and day-to-day governance. While the executive must act within constitutional limits, it also plays a critical role in policymaking and administration, ensuring the smooth functioning of democracy and adherence to the rule of law.
Scope and Legal Provisions
The executive power of the Union and States extends to matters with respect to which Parliament or State Legislature has the power to make laws, as per Article 73 and Article 162. This includes enforcement of both central and state laws, implementing policies, and managing public services. The power also covers delegated legislation, administrative decisions, and functioning of government departments. Judicial review under Articles 32 and 226 ensures that executive actions do not violate the Constitution or fundamental rights. Thus, while the executive enjoys wide powers, they must be exercised within the framework of law and constitutional provisions.
Importance and Constitutional Significance
Executive power is central to governance, as it transforms legislation into tangible actions and policies. The Constitution mandates collective responsibility of the Council of Ministers to the Legislature (Article 75(3) and Article 164(2)), ensuring accountability. This principle ensures that executive decisions reflect the will of the elected representatives. Effective exercise of executive power guarantees public welfare, law enforcement, and protection of citizens’ rights. However, misuse of executive authority can threaten democracy, highlighting the importance of checks and balances through judicial review, legislative oversight, and fundamental rights protection.
Real-Time Example
A real-time example of executive power is the implementation of COVID-19 lockdowns in India (2020–21). Under the Disaster Management Act, 2005, the Union and State Executives exercised their powers to enforce restrictions, mobilize resources, and coordinate healthcare and relief operations. The executive acted within constitutional authority under Articles 73 and 162, while respecting judicial directives on essential services and fundamental rights. This demonstrates how executive power is crucial for policy implementation, public safety, and governance in emergencies.
Mnemonic to Remember – “PEACE”
P – President/Governor as constitutional head
E – Execution of laws
A – Administration of government policies
C – Collective responsibility to legislature
E – Emergency powers included
The mnemonic “PEACE” helps recall that Executive Power involves law enforcement, administration, policy execution, collective responsibility, and emergency authority under the Constitution.
About lawgnan:
Understand the Executive Power under the Indian Constitution in depth at Lawgnan.in. Learn how Articles 53, 73, 154, and 162 define the roles of the President, Prime Minister, Governors, and Council of Ministers in implementing laws and policies. This article explains the scope, importance, and limitations of executive functions while ensuring accountability through collective responsibility and judicial review. Discover how the executive operates during emergencies and public policy implementation, illustrated through real-life examples like the COVID-19 lockdowns. Visit Lawgnan today to master this vital constitutional topic for law, UPSC, and judiciary exams.
