Actual Article
Article 162: Extent of executive power of State
The executive power of the 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.
UPSC Notes for Article 162
Explanation:
- Scope of State Executive Power:
- The executive power of a State extends to all areas where its Legislature has the authority to legislate.
- However, this power is limited in areas where both the State Legislature and Parliament have jurisdiction. In such cases, State executive power must align with the Union’s executive powers as defined by the Constitution or by Parliament.
Key Points:
- Concurrent Powers: In matters falling under the Concurrent List, where both the State and the Union have the power to legislate, the State’s executive authority is contingent upon not conflicting with the Union’s authority.
- Jurisdictional Boundaries: Ensures a clear demarcation of powers between the State and the Union, maintaining a balance as envisaged by the federal structure of the Constitution.
Important Cases and Commissions Related to Article 162
Cases:
- State of Rajasthan vs. Union of India (1977): This case clarified the extent of executive powers vested in the State, particularly in relation to those vested in the Union, emphasizing the supremacy of Union laws in case of conflict.
- Ramana Dayaram Shetty vs. The International Airport Authority of India (1979): Discussed the application of executive power in commercial enterprises run by the State, elaborating on how these powers should be exercised responsibly and without discrimination.
Commissions:
- Sarkaria Commission: Reviewed Centre-State relations and recommended clearer guidelines for the exercise of executive powers to prevent overlaps and conflicts.
- Punchhi Commission: Further examined the nuances of Article 162, suggesting ways to enhance cooperative federalism by clearly defining the limits of State executive powers.
Previous Year Prelims Questions Related to Article 162
- (UPSC Prelims 2016) Under Article 162, the executive power of the State:
- A. Is independent of the legislative power of the State Legislature
- B. Extends to the matters with respect to which the Legislature of the State has power to make laws
- C. Is coextensive with the powers of the Union executive
- D. Can override the legislative power of Parliament in certain areas Correct Answer: B. Extends to the matters with respect to which the Legislature of the State has power to make laws
- (UPSC Prelims 2018) In which of the following scenarios is the State’s executive power restricted under Article 162?
- A. When acting under the State List
- B. When acting under the Concurrent List and conflicting with Union laws
- C. When implementing Union laws
- D. All of the above Correct Answer: B. When acting under the Concurrent List and conflicting with Union laws
Previous Year Mains Questions Related to Article 162
- Mains 2016: “Discuss the implications of Article 162 on the autonomy of State governments in exercising their executive powers. How does this article ensure that State powers do not override Union powers?”
- Mains 2019: “Analyze the significance of Article 162 in maintaining the federal balance between State and Union executive powers. How does this article help in resolving conflicts between State and Union authorities?”
Additional Insights:
- Federal Dynamics: Article 162 is crucial for understanding the dynamics of federalism in India, specifically how executive powers are distributed and exercised at the State level in relation to the Union.
- Conflict Resolution: Plays a significant role in mitigating potential conflicts between State and Union powers, providing a constitutional mechanism for resolving jurisdictional disputes.
- Governance and Administration: Ensures that the State’s governance and administrative actions are in accordance with the broader framework of law established by both State and Union legislation.
Understanding Article 162 is crucial for UPSC aspirants as it outlines the extent and limits of State executive power, highlighting the interaction between State and Union authorities within the federal structure of India. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support effective governance and maintain constitutional balance in the country.