Article 162 of Constitution of India – Extent of executive power of State
Article 162 of Constitution of India deals with Extent of executive power of State
Original Text of Article 162 of Constitution of India
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.
Questions related to Article 162 of Constitution of India
Article 162 defines the scope of the executive power of a State, stating that it shall extend to matters on which the State Legislature has the power to make laws, as per the Constitution of India.
No, generally the State’s executive power is limited to the State List and Concurrent List, unless specifically authorized by the Indian Constitution or by Parliament, as clarified in cases on Indian Kanoon.
In case of a conflict on Concurrent List subjects, Union law prevails. However, States can operate independently where there is no contradiction, as described in the Articles of Indian Constitution.
Not entirely. While Article 162 allows States to act on State subjects, the Union can override or limit these powers through legislation or constitutional provisions—especially during emergencies or under Article 249.
You can read landmark judgments and legal discussions on Indian Kanoon, where courts have interpreted the extent and limitations of State executive power under Article 162 of the Indian Constitution.
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