Article 162

Article 162 of the Constitution of India defines the extent and scope of the executive powers of State governments. It establishes the relationship between the State’s executive authority and its legislative competence, while also delineating the boundaries between the Union and State executives in India’s federal framework.
This Article ensures that States have autonomy in executive matters within their legislative domain, but their powers remain subject to the Constitution and parliamentary laws.

Constitutional Text

Article 162 states:

“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.”

Purpose and Objective

Article 162 defines the extent and limits of the executive power of the State and clarifies its relationship with the legislative powers.
The objectives are:

1. To ensure that State executive powers correspond to their legislative competence.
2. To maintain coordination and balance between Union and State executive functions.
3. To prevent overlapping or conflict of executive authority in the Concurrent List subjects.

Thus, the Article is crucial in maintaining India’s federal equilibrium, where both the Union and States operate autonomously within their respective spheres but under the framework of the Constitution.

Key Provisions of Article 162

1. Extent of Executive Power:
   • The executive power of the State extends to all matters on which the State Legislature can make laws.
   • This includes subjects listed in the State List (List II) and certain subjects in the Concurrent List (List III) of the Seventh Schedule.
2. Constitutional Limitations:
   • The State’s executive power is subject to the provisions of the Constitution, meaning it cannot contravene constitutional mandates or encroach upon Union powers.
3. Concurrent List Restriction:
   • When both the Parliament and the State Legislature can legislate on a matter (Concurrent List), the State’s executive power is limited if Parliament has enacted a law that expressly gives the Union executive power over that subject.
4. Hierarchy of Laws:
   • In case of conflict between State and Union laws, Union law prevails under Article 254, which reinforces the supremacy of Parliament in concurrent matters.

Relationship Between Legislative and Executive Power

Article 162 draws a clear connection between legislative competence and executive authority.

• The executive power of a State is coextensive with its legislative power.
• This means the State executive can act in any field within its legislative jurisdiction, provided there is no existing Union law overriding that authority.
• However, even in the absence of legislation, the executive can take action in areas where the State has legislative competence (subject to constitutional limits).

Division of Powers under the Seventh Schedule

The Seventh Schedule of the Constitution divides the subjects of governance into three lists:

1. Union List (List I): Matters on which only Parliament can legislate; e.g., defense, foreign affairs, currency.
2. State List (List II): Matters on which only State Legislatures can legislate; e.g., police, public health, agriculture.
3. Concurrent List (List III): Matters on which both Parliament and State Legislatures can legislate; e.g., criminal law, marriage, education.

Accordingly:

• The State’s executive power extends fully to the State List, partially to the Concurrent List, and not to the Union List.
• In the Concurrent List, if the Union executive is expressly empowered by law, the State’s power is subordinate.

Judicial Interpretation

The judiciary has clarified the meaning and limits of Article 162 through several landmark decisions.

1. Bihar v. Kameshwar Singh (1952):
   • The Court held that the executive power of a State must be exercised in accordance with the Constitution and cannot exceed the scope of its legislative authority.
2. Rajasthan v. Union of India (1977):
   • The Supreme Court observed that while the Union and States are autonomous within their respective spheres, the Union has supremacy where constitutional or statutory provisions so dictate.
3. State of West Bengal v. Committee for Protection of Democratic Rights (2010):
   • The Court held that the State’s executive powers are subject to judicial scrutiny to ensure conformity with the Constitution.
   • The State cannot act contrary to constitutional provisions or Union law, even within its legislative domain.
4. Keshavananda Bharati v. State of Kerala (1973):
   • Although primarily concerned with constitutional amendments, this case reaffirmed the basic structure doctrine, which indirectly affects the scope of executive power by ensuring that neither the Union nor the States act beyond constitutional limits.
5. Minerva Mills Ltd. v. Union of India (1980):
   • The Court emphasised that both legislative and executive powers must maintain a harmonious balance, ensuring federalism and separation of powers.

Limitations on the Executive Power of the State

The State’s executive authority is not absolute. It is constrained by several constitutional and legal provisions:

1. Supremacy of the Union:
   • The Union can override State executive powers through laws enacted under Articles 249, 250, or 252, which extend Parliament’s legislative competence to State matters in national or emergency interests.
2. Constitutional Provisions:
   • The executive power must adhere to the directives of the Constitution, including Fundamental Rights, Directive Principles, and judicial pronouncements.
3. Union Legislation in Concurrent Matters:
   • If Parliament enacts a law on a Concurrent List subject, the State’s executive power becomes subordinate to that of the Union executive in that area.
4. Judicial Review:
   • Courts can invalidate State executive actions that violate constitutional provisions or exceed legislative competence.
5. Governor’s Role:
   • The Governor, as the constitutional head, ensures that the State executive functions in accordance with the Constitution and the laws made by Parliament.

Related Constitutional Articles

• Article 154: Vests the executive power of the State in the Governor.
• Article 163: Provides for a Council of Ministers to aid and advise the Governor.
• Article 166: Governs the conduct of business of the State government.
• Article 73: Defines the extent of the Union’s executive power, serving as a counterpart to Article 162.
• Article 256: Obligates States to ensure compliance with Union laws and policies.

Together, Articles 73 and 162 form the cornerstone of the federal distribution of executive authority between the Union and the States.

Federal Implications

Article 162 plays a central role in maintaining India’s quasi-federal structure:

• It grants autonomy to States to manage their affairs within their legislative jurisdiction.
• At the same time, it preserves the unitary character of the Constitution by ensuring that the Union retains supremacy in overlapping or national matters.
• This balance prevents administrative chaos while allowing flexibility in governance.

Practical Implications

1. State Autonomy:
   • Enables States to execute policies on education, agriculture, public health, and police administration.
2. Concurrent Responsibility:
   • Ensures cooperation between the Union and States on shared matters such as criminal law, labour, and environmental protection.
3. Judicial Oversight:
   • Executive actions of the State are subject to judicial review to ensure compliance with constitutional principles and Union laws.
4. Federal Coordination:
   • Encourages coordination between the Union and States, particularly in areas where both share executive responsibilities.

Significance of Article 162

• Defines the Federal Framework: It delineates the spheres of executive authority, ensuring a division of powers between the Union and the States.
• Ensures Administrative Efficiency: By defining jurisdictions, it avoids duplication or overlap of executive actions.
• Preserves Constitutional Supremacy: It subjects all State executive powers to the Constitution and Union laws.
• Supports Cooperative Federalism: Encourages mutual cooperation in governance within the bounds of constitutional propriety.
• Protects Democratic Decentralisation: Upholds State autonomy, empowering States to govern subjects of local relevance effectively.