Part VI: The States

Article 162: Extent of Executive Power of State

--- Original Article ---

Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:
Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Union or authorities thereof.

Explanation

Article 162 of the Constitution of India defines the extent of the executive power of a State within the Indian federal structure. This article clarifies the domain in which a State's executive power operates, emphasizing its subordination to the Constitution's provisions and the potential overlap with the Union's executive power in specific cases.

Clause Headings and Explanation

• Executive Power of the State: The article begins by establishing that a State's executive power is coextensive with its legislative authority, covering all matters for which the State Legislature has authority to pass laws, including the State List and the Concurrent List.
• Limitation of Executive Power in Concurrent Matters: In areas where both Parliament and the State Legislature can legislate (Concurrent List), the State's executive power is subordinate to any express provision of the Constitution or any law enacted by Parliament.

Amendments and Historical Significance

There are no direct amendments to Article 162 itself. However, the broader context of Centre-State relations has been influenced by several constitutional amendments and judicial decisions. For example, the 42nd Amendment (1976) expanded the central government's control over various subjects by transferring some subjects from the State List to the Concurrent List. This shift indirectly impacts how executive powers are exercised by the States under Article 162.

Real-life Example

• After the 42nd Amendment, education was moved from the State List to the Concurrent List, meaning that State executive power in this area must align with Union laws, such as the Right to Education Act, 2009.

Legislative History

Article 162 of the Indian Constitution, initially introduced as Article 142 in the Draft Constitution, was formally integrated into the final text of the Constitution on June 1, 1949, after comprehensive discussions and deliberations.

Debates and Amendments

Shri T. T. Krishnamachari proposed an amendment to simplify the wording and eliminate clause (b), which referred to the States listed in Part III of the First Schedule, whose status was still under consideration. He suggested substituting the text with: "Subject to the provisions of this Constitution, the executive power of each State shall extend to the matters with respect to which the Legislature of the State has power to make laws."

This amendment aimed to avoid complications arising from premature references to undefined state positions, thus offering a clearer delineation of State executive power. The debate on this amendment reflected the importance placed by the Assembly on ensuring State autonomy while maintaining alignment with the Constitution's provisions.

The proposed changes were adopted without opposition, leading to the simplified text of Article 162 that aligns the State executive power closely with its legislative authority, ensuring coherence in matters of governance under India's federal structure.

References

• Seventh Schedule of the Constitution (distribution of legislative powers)
• 42nd Amendment Act, 1976 (influencing Centre-State relations)
• Right to Education Act, 2009 (example of overlap in legislative and executive powers)