What is Constitution Of India Article 162?

Constitution Of India Article 162: Extent of Executive Power of State

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.

Brief Detail

Article 162 outlines the scope of the executive power of a State, asserting that it extends to matters within the legislative competence of the State. However, when both the State Legislature and Parliament have jurisdiction, the State's executive power is constrained by the Constitution and the laws made by Parliament for the Union or its authorities.

Question & Answers

What does Article 162 specify about the executive power of a State?

Article 162 states that the executive power of a State extends to matters where the State Legislature has authority to make laws, but it is limited in areas where both the State and Parliament can legislate.

How does Article 162 limit the executive power of a State when both Parliament and State Legislature have jurisdiction?

When both the Parliament and State Legislature can legislate on a matter, the State's executive power is bound by the provisions of the Constitution and any laws made by Parliament, thus limiting its scope.

Example

For example, if both the State and Parliament have the power to legislate on taxation laws, the executive power of the State will be limited by the laws made by Parliament, such as the Goods and Services Tax (GST) Act, which is central legislation impacting the State's power.

Summary

Article 162 defines the scope of the State's executive power, emphasizing that it is limited when there is concurrent jurisdiction with Parliament, and the executive power of the Union may override or limit it in such cases.