Article 154 of CoI : Article 154: Executive power of State.

Explanation using Example

Example 1:

Scenario: Appointment of a State Police Chief

Explanation: The Governor of a state has the executive power to appoint the State Police Chief. However, this power is often exercised through the state's Home Department, which is a subordinate office. The Home Department will typically recommend a candidate for the position, and the Governor will formally appoint the candidate based on this recommendation.

Practical Example: In the state of Maharashtra, the Home Department recommends Mr. A as the new State Police Chief. The Governor, exercising his executive power, formally appoints Mr. A to the position. This appointment is done in accordance with the Constitution, where the Governor acts on the advice of the subordinate officers.

Example 2:

Scenario: Issuance of State Ordinances

Explanation: The Governor has the power to issue ordinances when the state legislature is not in session. This is an example of the Governor exercising executive power directly. However, these ordinances must be approved by the state legislature when it reconvenes.

Practical Example: In the state of Karnataka, the state legislature is not in session, and there is an urgent need to address a public health crisis. The Governor issues an ordinance to allocate additional funds for healthcare infrastructure. When the state legislature reconvenes, it reviews and approves the ordinance, thereby converting it into law.

Example 3:

Scenario: Delegation of Functions to a State Authority

Explanation: The state legislature can pass a law that delegates certain functions to an authority subordinate to the Governor. This does not transfer the Governor's executive power but allows the subordinate authority to perform specific functions.

Practical Example: The Tamil Nadu state legislature passes a law that delegates the function of managing state highways to the Tamil Nadu Highways Department, a subordinate authority. The Governor's executive power remains intact, but the Highways Department is now responsible for the day-to-day management and maintenance of state highways.

Example 4:

Scenario: Non-Interference with Existing Laws

Explanation: If an existing law confers certain functions on an authority other than the Governor, this article does not transfer those functions to the Governor. The existing law continues to operate as it is.

Practical Example: An existing law in the state of West Bengal confers the function of regulating urban development to the Urban Development Authority. According to Article 154, this function remains with the Urban Development Authority and is not transferred to the Governor. The Governor's executive power does not interfere with the functions already assigned by existing laws.