📜 Article 162 of the Indian Constitution
Title: Extent of executive power of State
🔹 Text of Article 162:
“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.”
📌 Key Points:
| Aspect | Details |
|---|---|
| General Rule | The executive power of a State extends to all subjects under the State List in the Seventh Schedule. |
| Concurrent Subjects | For subjects in the Concurrent List, the State's executive power is subject to the Union's laws (if any). |
| Limitation | If Parliament makes a law on a concurrent subject that gives executive power to the Union, the State’s power is limited. |
| Example | Police and Public Health are State subjects → fully under State executive power. |
| Criminal Law is Concurrent → Union laws can limit State’s actions. |
🧠Why Article 162 is Important:
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Defines the boundaries of the State executive's authority.
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Shows how the Centre-State relationship works in a quasi-federal structure.
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Ensures cooperation and balance in areas of shared responsibility (Concurrent List).
📚 Related Concepts:
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Article 73: Defines Union’s executive power (similar to Article 162 for the State).
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Seventh Schedule: Divides powers into Union, State, and Concurrent Lists.
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