Article 154

Article 154 of the Constitution of India lays down the foundation of the executive authority of a State, vesting it in the Governor. It defines the scope, nature, and limitations of the Governor’s powers and establishes the constitutional framework for executive governance at the State level. While the Governor is the nominal head of the State’s executive, real power rests with the Council of Ministers, who aid and advise the Governor in the discharge of constitutional duties, except in matters where discretion is explicitly permitted.

Constitutional Text

Article 154 states:

(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.

Meaning and Scope

Article 154 establishes that the executive power of the State—that is, the authority to administer and enforce laws—is formally vested in the Governor. However, in practice, these powers are exercised by the Council of Ministers headed by the Chief Minister, as provided under Article 163.
The Article embodies the parliamentary system of governance at the State level, similar to the Union framework where the President is the constitutional head of the executive. It ensures that the Governor functions as a symbolic head, while the elected government wields actual administrative power.

Key Provisions and Their Implications

1. Vesting of Executive Power (Clause 1)

• The Governor is the formal repository of the State’s executive power, which includes the power to implement laws, maintain public order, and oversee administration.
• The Governor may exercise this power directly or through officers subordinate to him, such as the Chief Secretary and other civil servants.
• However, every executive act must be carried out “in accordance with this Constitution”, ensuring that executive authority operates within constitutional boundaries.

2. Limitation of Executive Power (Clause 2)

This clause places two important restrictions on the Governor’s authority:

• Clause (a): The Governor does not automatically acquire functions assigned by law to any other authority or body.
• Clause (b): Parliament or the State Legislature may, by law, confer specific executive functions on authorities subordinate to the Governor.

These provisions uphold the principle of decentralisation and ensure that executive power is distributed across appropriate administrative levels rather than concentrated solely in the Governor.

Nature of the Governor’s Role

Although Article 154 vests the State’s executive power in the Governor, the role is largely ceremonial and constitutional. In actual practice, the Governor acts on the advice of the Council of Ministers, except in circumstances where discretion is explicitly granted by the Constitution.
The Governor functions as the constitutional head of the State, with powers similar to those of the President at the Union level under Article 53.

Relationship with the Council of Ministers

Article 163 complements Article 154 by requiring the Governor to act on the aid and advice of the Council of Ministers, except where discretion is expressly permitted. This ensures that:

• Executive authority remains accountable to the elected legislature.
• The Governor does not act unilaterally, preserving the democratic character of State governance.
• The balance between the nominal and real executive is maintained.

Judicial Interpretation and Landmark Cases

The Supreme Court has interpreted Article 154 in conjunction with related provisions to clarify the constitutional position of the Governor and the limits of executive power.

1. Shamsher Singh v. State of Punjab (1974):The Supreme Court held that the Governor is a constitutional or formal head who exercises powers only upon the advice of the Council of Ministers. The Court stated:

   “The Governor is the constitutional or formal head of the State, but the real executive power is vested in the Council of Ministers.”This case firmly established the principle of parliamentary responsibility at the State level.

2. K. C. Gajapati Narayan Deo v. State of Orissa (1953):The Court clarified that although executive power is vested in the Governor, it is exercised in accordance with the Constitution and applicable laws, and subject to judicial review.
3. State of Rajasthan v. Union of India (1977):The Court examined the interplay between the Governor’s powers and the Union’s authority, observing that the federal balance must be preserved and that both the Centre and the States are bound by constitutional limits.
4. Nabam Rebia v. Deputy Speaker (2016):The Court ruled that the Governor cannot act arbitrarily or unconstitutionally, even under the guise of discretionary power. The Governor’s role must conform to constitutional morality and democratic norms.

Discretionary Powers under Article 154

Although the Governor is generally bound by the advice of the Council of Ministers, certain discretionary powers may arise under specific circumstances, such as:

• Appointment of a Chief Minister when no party commands a clear majority in the Legislative Assembly.
• Recommendation of President’s Rule under Article 356 if constitutional machinery fails.
• Reservation of a bill for the consideration of the President under Article 200.
• Acting as an administrator of a Union Territory in certain situations.

These powers are intended to ensure constitutional governance, not political intervention.

Significance of Article 154

1. Defines the Executive Authority of States:Article 154 establishes the structure for the exercise of executive power in each State, aligning with the federal nature of Indian governance.
2. Ensures Constitutional Accountability:The phrase “in accordance with this Constitution” ensures that executive powers are subject to constitutional checks and balances.
3. Maintains Democratic Governance:By linking the Governor’s powers to the advice of the elected Council of Ministers, the Article ensures that executive authority remains accountable to the people’s representatives.
4. Facilitates Administrative Efficiency:The Governor can delegate functions to subordinate officers, ensuring smooth day-to-day administration.
5. Prevents Power Concentration:Clause (2) prevents the Governor from encroaching upon functions assigned to other constitutional or statutory authorities.

Constitutional Context

Article 154 is part of Chapter II of Part VI of the Constitution, which deals with the State Executive. The related Articles collectively define the powers, responsibilities, and conditions of office for the Governor and the Council of Ministers:

• Article 153: Provides for a Governor in every State.
• Article 155: Relates to the appointment of the Governor.
• Article 156: Specifies the term and tenure of the Governor.
• Article 163: Defines the role of the Council of Ministers and the Governor’s discretion.
• Article 164: Deals with the appointment and responsibilities of the Chief Minister and the Council of Ministers.

Together, these provisions establish the constitutional framework for State-level executive governance in India.

Practical Implications

• The Governor serves as the executive link between the Union and the State governments.
• In practice, the Council of Ministers, headed by the Chief Minister, exercises most of the executive powers.
• The Governor’s role becomes critical during political crises, such as a hung assembly or breakdown of constitutional machinery.
• Executive actions, whether taken by the Governor or subordinates, are subject to judicial review, ensuring conformity with constitutional provisions.

Judicial Review of Executive Action

Actions taken under Article 154 are not beyond the scope of judicial scrutiny. Courts have consistently held that executive actions must comply with the Constitution and the rule of law. Any misuse of discretionary powers or violation of constitutional norms can be challenged before the judiciary.

Constitutional Significance

Article 154 is a cornerstone of India’s federal and parliamentary framework at the State level. It establishes the Governor as the constitutional head of the State executive, ensures that the real authority remains with elected representatives, and provides mechanisms for constitutional control and accountability.