Law4u - Made in India

What is Constitution Of India Article 162?

Answer By law4u team

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Shankar

Advocate Shankar

Anticipatory Bail, Cheque Bounce, Child Custody, Bankruptcy & Insolvency, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, NCLT, Medical Negligence, Motor Accident, RERA, Recovery, Supreme Court, Revenue

Get Advice
Advocate Narasimhachar M K

Advocate Narasimhachar M K

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, Armed Forces Tribunal, Banking & Finance

Get Advice
Advocate Ritesh Sharma Advocate

Advocate Ritesh Sharma Advocate

Anticipatory Bail, Divorce, Cheque Bounce, Criminal, Cyber Crime

Get Advice
Advocate Ajit Kumar Jain

Advocate Ajit Kumar Jain

Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Court Marriage,Criminal,Divorce,Documentation,Family,Insurance,Labour & Service,Landlord & Tenant,Motor Accident,R.T.I,Recovery,RERA,Succession Certificate,Wills Trusts,Revenue

Get Advice
Advocate Devendra Kumar Dhaked

Advocate Devendra Kumar Dhaked

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Saleem Khan

Advocate Saleem Khan

Cheque Bounce,Civil,Criminal,Divorce,High Court,

Get Advice
Advocate Saksham Dhanda

Advocate Saksham Dhanda

Civil, Criminal, Recovery, Motor Accident, Cheque Bounce, Consumer Court, Banking & Finance

Get Advice
Advocate Rajesh Gulati

Advocate Rajesh Gulati

Civil, Domestic Violence, Family, Consumer Court, Criminal

Get Advice

The Constitution of India Related Questions

Discover clear and detailed answers to common questions about The Constitution of India. Learn about procedures and more in straightforward language.