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 Rajesh B Tiwari

Advocate Rajesh B Tiwari

Civil, Criminal, Divorce, Domestic Violence, Family

Get Advice
Advocate Ganesh Krishna T

Advocate Ganesh Krishna T

High Court, Domestic Violence, Criminal, Civil, Medical Negligence

Get Advice
Advocate Kapil Batra

Advocate Kapil Batra

Arbitration, Breach of Contract, Civil, Criminal, Trademark & Copyright

Get Advice
Advocate Anil Parashar

Advocate Anil Parashar

Anticipatory Bail, Breach of Contract, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Property, Recovery, Succession Certificate

Get Advice
Advocate Keshav Bhandari

Advocate Keshav Bhandari

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Divorce, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Patent, Property, R.T.I, Recovery, Trademark & Copyright, Wills Trusts, RERA, NCLT, Revenue, Succession Certificate, High Court, Criminal, Cyber Crime, Arbitration, Armed Forces Tribunal, International Law

Get Advice
Advocate Shashi Ranjan Akhouri

Advocate Shashi Ranjan Akhouri

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, Domestic Violence, Family, Property, Succession Certificate, Divorce, Motor Accident

Get Advice
Advocate Tapas Kumar Patra

Advocate Tapas Kumar Patra

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Corporate, Criminal, Cyber Crime

Get Advice
Advocate Anil Kumar Puthalapattu

Advocate Anil Kumar Puthalapattu

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Immigration, Insurance, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, R.T.I, Revenue

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.