Daily Happenings Blog

Important Articles of Constitution-4

Friends, today I am writing the concluding blog on the Important Articles of the Constitution.

President

Article 52– It states that ‘the President is the constitutional head of the country and the first citizen off the country’.

Article 53: The executive power of the Union is vested in the President and must be exercised in accordance with the Constitution. Key provisions are-

  • Vesting of Executive Power: Article 53(1) says that the President holds the executive power of the Union. The President can use this power directly or through subordinate officers.
  • Supreme Command of Defence Forces: Article 53(2) gives the President the supreme command of defence forces (Army, Navy and Air Force). Parliament regulates how this command is exercised through law.

Article 54: It specifies that the electoral college elects the President of India.

Article 55: It explains the specific rules and formulas used for the manner of election of the President.

Article 61: It outlines the step-by-step procedure for the impeachment of the President of India.

Article 72: It empowers the President of India to grant pardons, reprieves, respites, or remissions of punishment and to suspend, remit, or commute the sentence of convicts.

Article 74: It establishes a Council of Ministers headed by the Prime Minister to aid and advise the President. Key provisions are-

  • Aid and Advice: There must be a Council of Ministers with the Prime Minister at the head. They help and advise the President. The President must follow this advice when doing official duties.
  • The Reconsideration Proviso: Aided by the 44th Amendment, the President can ask the Council of Ministers to look their advice again. If the Council sends the advice back after thinking about it again, the President must follow it.
  • Court Immunity: No court can ask what advice the ministers gave to the President.

Article 75: It provides the core rules for the appointment, tenure, responsibility, and qualifications of the Prime Minister and the Union Council of Ministers. Key provisions are-

  • Appointment: The President appoints the Prime Minister, and the other ministers are appointed by the President on the Prime Minister’s advice.
  • Cap on Ministers: The total number of ministers-including the Prime Minister- cannot exceed 15% of the total members in the Lok Sabha.

Emergency

Article 352: It grants the President of India power to proclaim National Emergency when the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion. Key provisions are- it needs Cabinet advice and Parliamentary approval; once approved, the emergency lasts for six months and can be extended indefinitely with fresh Parliamentary approval.

Article 356: It empowers the President of India to impose President’s Rule on a state if the constitutional machinery fails. What happens under this article

  • Executive Takeover: The central government takes direct control of the State’s administration through a Union-appointed governor.
  • The elected State Chief Minister and Council of Ministers are dismissed.
  • The State Assembly is either suspended or dissolved.
  • The Parliament exercises law-making powers for that State.
  • This proclamation must be approved by both houses of Parliament.
  • Initially, it lasts for six months.
  • It can be extended up to a maximum of three years with Parliamentary approval every six months.

Article 360: It empowers the President of India to proclaim a Financial Emergency if the President is satisfied that a situation has arisen that threatens the financial stability or credit of India or any part of its territory. Key provisions are-

  • Approval and duration: A proclamation requires approval from both houses of Parliament within two months, after which it continues until revoked by the President.
  • Financial Control & Reductions: The Union may direct the States on financial propriety, order salary reductions for Union employees, including judges, and require State money or financial bills to be reserved for Presidential consideration.

 

Anil Malik

Mumbai, India

28th September 2026

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