Actual Article
Article 154: Executive power of State
- Vesting of Executive Power:
- 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.
- Execution of Powers:
- 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.
UPSC Notes for Article 154
Explanation:
- Vesting of Executive Power:
- The executive power of the State is vested in the Governor.
- The Governor can exercise these powers directly or through subordinate officers as per the Constitution.
- Non-transfer of Functions:
- The article clarifies that it does not transfer any functions already conferred by law on other authorities to the Governor.
- It also does not prevent Parliament or the State Legislature from assigning functions to authorities subordinate to the Governor.
Key Points:
- Role of Governor: As the executive head, the Governor exercises the executive power of the State, ensuring the implementation of laws and policies.
- Subordinate Authorities: Allows for administrative flexibility by permitting the delegation of functions to subordinate authorities.
- Legislative Authority: Ensures that the legislative bodies (Parliament and State Legislature) retain the power to confer functions on other authorities as necessary.
Important Cases and Commissions Related to Article 154
Cases:
- Shamsher Singh vs. State of Punjab (1974): Clarified the extent of the Governor’s executive powers, emphasizing that the Governor must act on the advice of the Council of Ministers.
- State of Rajasthan vs. Union of India (1977): Discussed the role of the Governor in the context of State emergency provisions, reinforcing the Governor’s constitutional responsibilities.
Commissions:
- Sarkaria Commission: Examined the role of the Governor in State administration and recommended measures to ensure the impartiality and effectiveness of the Governor’s office.
- Punchhi Commission: Further reviewed the role and powers of the Governor, suggesting reforms to enhance the functioning of State executive powers.
Previous Year Prelims Questions Related to Article 154
- (UPSC Prelims 2016) The executive power of the State is vested in:
- A. The Chief Minister
- B. The State Legislature
- C. The Governor
- D. The Chief Secretary Correct Answer: C. The Governor
- (UPSC Prelims 2018) Under Article 154, the Governor’s executive power can be exercised:
- A. Directly
- B. Through officers subordinate to him
- C. Both A and B
- D. Only with the approval of the President Correct Answer: C. Both A and B
Previous Year Mains Questions Related to Article 154
- Mains 2016: “Discuss the significance of Article 154 in the context of the executive powers of the State. How does this article define the role and responsibilities of the Governor?”
- Mains 2019: “Analyze the implications of Article 154 for the functioning of State executive power. How does the vesting of executive power in the Governor impact the administration of the State?”
Additional Insights:
- Central Role of Governor: Article 154 establishes the Governor as the central figure in the State’s executive administration, ensuring a unified command structure.
- Administrative Flexibility: Allows the Governor to delegate responsibilities to subordinate officers, promoting efficient governance.
- Legislative Oversight: Maintains the balance of power by ensuring that legislative bodies can confer specific functions on authorities other than the Governor.
Understanding Article 154 is crucial for UPSC aspirants as it outlines the executive powers of the State and the role of the Governor, ensuring effective governance and maintaining the constitutional framework. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support the administration and execution of State powers in India.