Article 162 of the Costitution of India with Case law
🔹 Article 162 of the Constitution of India
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 both Parliament and the Legislature of a State 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.
🔸 Explanation of Article 162
It defines the scope of the State's executive powers.
The State executive power (Governor, Chief Minister, Ministers, etc.) extends to subjects in the:
State List (List II of Seventh Schedule)
Concurrent List (List III) — but subject to overriding power of Parliament
✅ Key Points:
State executive can act only within the areas it is competent to legislate.
If Parliament makes a law on a Concurrent List subject, and vests power in the Union Government, the State’s executive power is restricted.
Union > State in overlapping matters where Parliament has legislated.
🔸 Constitutional Context
| List | Law-making Power | Executive Power |
|---|---|---|
| Union List | Parliament only | Union Government |
| State List | State Legislature | State Government |
| Concurrent List | Both | Subject to Parliamentary law |
🔸 Important Case Laws on Article 162
🧑⚖️ Ram Jawaya Kapoor v. State of Punjab, AIR 1955 SC 549
Facts: The government took over school textbooks without a law.
Held: Executive power can be exercised even in absence of legislation, as long as it doesn't violate existing law.
Relevance: Clarified scope of executive power vis-à-vis legislative power. Executive is not subordinate, but co-extensive with the legislative field under Article 162.
🧑⚖️ State of Rajasthan v. Union of India, AIR 1977 SC 1361
Facts: Centre directed dissolution of State Assemblies under Article 356.
Held: Article 162 allows the State executive to act in its domain, but subject to the Constitution and Parliament’s overriding laws in Concurrent List.
🧑⚖️ A. Sanjeevi Naidu v. State of Madras, AIR 1970 SC 1102
Held: The executive can exercise powers only in fields where the legislature is competent to legislate.
🧑⚖️ R. v. Burah, (Privy Council, 1878)
Cited in Indian cases to reinforce the principle that executive power follows legislative competence.
🧑⚖️ Kannadasan v. State of Tamil Nadu, (1996) 5 SCC 670
Held: While State has wide executive powers under Article 162, they are not unfettered. They are subject to judicial review and must conform to constitutional limits.
🔸 Summary Table
| Component | Explanation |
|---|---|
| Executive Power | Authority to administer laws and take actions |
| Scope | Covers subjects in State List and Concurrent List |
| Limitation | Subject to Constitution and laws made by Parliament |
| Priority | Union executive prevails in Concurrent List where Parliament legislates |
🔸 Conclusion
Article 162 ensures:
Federal division of executive power,
Coordination between Centre and State,
Balance in cases of legislative overlap.
It is a foundational article for understanding governance, decentralization, and cooperative federalism in India.
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