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Article 162 of Indian Constitution - Detailed Analysis

Last Updated on Apr 11, 2025
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Overview

Name of the Article

Article 162 - Extent of executive power of State

Part of the Constitutional Article

Part VI

Article 162 of Indian Constitution is an important provision under Part VI. Article 162 grants executive powers to the states and allows them to legislate on matters within their jurisdiction. It outlines the role of the Governor in exercising executive powers and ensures a balance between state and Union authority.

Interpretation of Article 162 of Indian Constitution

Article 162 of Constitution states that - “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 the Constitution or by any law made by Parliament upon the Union or authorities thereof.”

According to Article 162 of Indian Constitution the executive powers of the state are vested in the Governor who exercises these powers either directly or through subordinate officers. 

  • The Governor is empowered with the authority to make rules regarding the transactions of the state government and can seek information from the Chief Minister about decisions taken by the Council of Ministers. The Chief Minister is duty-bound to provide such information. 
  • The Governor may also require the Chief Minister to place the decision of an individual minister before the entire Council for consideration.

Apart from the Executive powers, the Governor holds the following powers -

Judicial Powers

The Governor is entrusted with judicial powers under the Constitution. The Governor has the power to grant pardons, reprieves, respites, commutations, or remissions of punishment under Article 161. This power is discretionary and the Governor has the authority to decide in which cases to exercise it. The Governor can overturn the decisions of the High Court but this power must be exercised cautiously to avoid conflicts between the executive and judiciary.

Legislative Powers

The Governor holds significant legislative powers. He has the authority to prorogue the state legislature, dissolve the legislative assembly and address the legislature at the beginning of the first session of each year. The Governor may send or withhold bills pending in the state legislature and consult the Election Commission on matters related to the disqualification of legislative members. The Governor appoints a person to preside over the session in the absence of the Speaker and Deputy Speaker of the legislative assembly

Financial Powers

In financial matters, the Governor supervises the presentation of the state budget in the legislature. His recommendation is necessary for the introduction of a money bill, and he must approve demands for grants. Additionally, the Governor can utilize the Contingency Fund of the State to meet unforeseen expenditures.

Emergency Powers

Although the Governor does not possess the authority to declare an emergency in the state, as this power rests with the President, the Governor plays a critical role under Article 356. When the Governor is satisfied that the constitutional machinery of the state has failed, he can send a report to the President recommending the proclamation of an emergency. This highlights the Governor’s pivotal role in maintaining constitutional governance at the state level.

Conclusion

Article 162 of Indian Constitution highlights the scope of executive power for state governments and allows them to act within their areas of authority. The state governments have significant powers and are limited to ensure accountability and prevent misuse. The Constitution establishes a division of powers between the Union and states and promotes cooperation and coordination.

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FAQs about Article 162 of Indian Constitution

Article 162 grants executive powers to state governments and allows them to legislate and act within their jurisdiction subject to the provisions of the Constitution.

The executive powers of the state are vested in the Governor who can exercise them directly or through subordinate officers.

The Governor has the authority to seek information from the Chief Minister about decisions made by the Council of Ministers.

The Governor has the power to grant pardons, reprieves, respites, commutations, or remissions of punishment under Article 161.

The Governor can prorogue the state legislature, dissolve the legislative assembly, address the legislature etc.

The Governor supervises the presentation of the state budget, recommends the introduction of money bills, and approves demands for grants.

Article 162 is mentioned under Part VI of the Constitution of India.
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