Part VI: The States

Executive Power of State

Article 154: Executive Power of State

--- Original Article ---

(1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

(2) Nothing in this article shall—

(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or

(b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.

Explanation

Article 154 of the Constitution of India outlines the distribution and exercise of executive power within a state. It vests the executive authority of a state in the Governor, but also allows the Governor to act either directly or through officers subordinate to him. Additionally, this article specifies that the Governor's powers do not override those conferred by other laws on other authorities, and that the State Legislature or Parliament can assign functions to authorities under the Governor. This article plays a crucial role in balancing power between the central government and the states, ensuring a clear delineation of executive authority.

Fundamental Aspects

• Clause 1: Executive Power Vested in the Governor - This clause states that the executive power of the State is vested in the Governor, who can exercise this power either directly or through officers subordinate to him. This framework prevents concentration of power solely in the Governor's hands while ensuring the smooth functioning of the state’s executive system.
• Clause 2: Limitations on the Governor’s Power - This clause outlines two limitations:
• Clause 2(a): Ensures that powers conferred by existing laws on specific authorities remain with those officials and are not automatically transferred to the Governor.
• Clause 2(b): Allows both Parliament and the State Legislature to confer by law specific functions on authorities subordinate to the Governor, offering administrative flexibility.

Amendment Section

There are no direct amendments to Article 154 itself. However, its application is influenced by various cases and political situations, which have shaped interpretations of the extent of the Governor's powers within the state executive framework.

Real-Life Example

A prominent example of Article 154 in action can be seen during times of political crises when the Governor decides whether to invite a party to form the government or dissolve the assembly. The Governor’s role in such situations is closely related to the powers outlined in Article 154, which gives them discretionary authority during political instability.

Historical Significance

Article 154 was part of the original Constitution adopted in 1950, reflecting India's federal structure. The framers designed it to ensure a balance of power within the states, giving the Governor a pivotal yet limited role in state administration. This was in response to historical concerns over centralized colonial governance, aiming for a more balanced and accountable governance model.

Legislative History

Article 154, originally defined and debated as Article 130 of the Draft Constitution on May 30 and October 16, 1949, was subsequently incorporated into the Indian Constitution. The debates around this article highlighted the intended balance between central and state executive power.

Debates and Deliberations

During deliberations on Article 130, Prof. K. T. Shah proposed replacing "may" with "shall" in Clause (1), arguing it would enforce democratic governance by obligating the Governor to act strictly according to the Constitution and the law.

Mr. Mohd. Tahir suggested adding "on behalf of the people of the State" to emphasize the Governor’s role as a representative of the people. Mr. Naziruddin Ahmed proposed substituting "transfer" with "authorize or empower" in Sub-clause (a) of Clause (2), believing that specific "functions" should be explicitly tied to offices rather than transferred.

Dr. B. R. Ambedkar responded by noting that Article 130 mirrored Article 42 (regarding the Union), with similar amendments previously debated and rejected. Consequently, these amendments were not accepted, and Article 130 was adopted as originally drafted.

On October 16, 1949, Shri T. T. Krishnamachari proposed replacing "may be exercised by him" with "shall be exercised by him either directly or through officers subordinate to him." This amendment, aligning with a similar change in Article 42 concerning the President's powers, was adopted.

References

• Constituent Assembly Debates on the role of Governors.
• Commentary on federalism and state governance in India.