Extent of Executive Power of the State
Official heading: “Extent of executive power of State .”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part VI, Article 162, printed page 72
- Last human source-link check
- Not yet checked
- Last human legal review
- Not yet reviewed
AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.
1. In One Sentence
Article 162 provides that the executive power of a State is co-extensive with the legislative competence of its State Legislature, subject to constitutional limitations on the Concurrent List.
2. What It Means in Everyday Language
Article 162 establishes the territorial and subject-matter boundaries of State executive power. As a general rule of Indian federalism, executive power follows legislative power.
The State executive has the authority to administer laws across all matters enumerated in List II (State List) and List III (Concurrent List) of the Seventh Schedule.
Proviso on the Concurrent List: In matters where both Parliament and the State Legislature have power to make laws (Concurrent List), the State's executive power is expressly subject to and limited by any executive power conferred upon the Union by the Constitution or by a law enacted by Parliament.
3. Practical Illustrative Example
A State government formulates an administrative welfare scheme on public health and sanitation without a prior specific statutory enactment.
4. Important Limits, Qualifications & Exceptions
Article 162 delineates the constitutional reach of State governmental authority.
- Co-extensive principle: Executive authority mirrors legislative jurisdiction (List II and List III).
- Administrative action without statute: Permissible so long as it does not violate statutes, infringe fundamental rights, or levy taxes (Ram Jawaya Kapur principle).
- Union supremacy on Concurrent matters: State power yields where Parliament expressly reserves executive authority to the Centre.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 162, printed page 72 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.