Extent of executive power of State
Article 162 — Extent of executive power of State
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. Council of Ministers
Plain English Summary
This article explains that the executive power (the government's power to implement laws) of a State can cover all the subjects for which the State's law-making body (the Legislature) has the authority to make laws. However, this state executive power is limited by any specific powers given to it in the Constitution or by laws made by the central Parliament.
Key Points
- State executive power covers matters where the State Legislature can make laws.
- This state power is restricted by express powers given in the Constitution or by laws passed by the Central Parliament.
- The division of power between the State and the Union (Central Government) is clearly defined here.
Why It Matters
It clarifies the scope of what a State government can do, ensuring that state executive actions do not conflict with or exceed the powers granted to the central government through Parliament.
Landmark Judgements
No major landmark judgements.