Article 162 of CoI : Article 162: Extent of executive power of the State.

Explanation using Example

Example 1:

Scenario: The State of Maharashtra wants to implement a new agricultural policy to support local farmers.

Application of Article 162:

• The Maharashtra State Legislature has the power to make laws regarding agriculture, as it falls under the State List in the Constitution.
• Therefore, the executive power of Maharashtra extends to implementing and enforcing this new agricultural policy.
• However, if there is a central law made by Parliament that also deals with agricultural policies, Maharashtra's executive power must align with and not contradict the central law.

Example 2:

Scenario: The State of Karnataka decides to introduce a new law to regulate the use of plastic within the state.

Application of Article 162:

• The Karnataka State Legislature has the power to make laws on matters related to public health and sanitation, which includes the regulation of plastic use.
• Thus, the executive power of Karnataka extends to enforcing this new regulation on plastic use.
• If the Parliament has already enacted a law regarding the regulation of plastic use, Karnataka's executive power will be subject to the provisions of the central law. Karnataka cannot implement regulations that conflict with the central law.

Example 3:

Scenario: The State of Tamil Nadu wants to establish a new university.

Application of Article 162:

• Education, including universities, is a subject on which both the State Legislature and Parliament can make laws (Concurrent List).
• Tamil Nadu has the executive power to establish and manage the new university.
• However, if there is a central law governing the establishment and regulation of universities, Tamil Nadu's executive actions must comply with the central law. For instance, if the central law requires certain standards for universities, Tamil Nadu must adhere to these standards.

Example 4:

Scenario: The State of West Bengal plans to introduce a new traffic regulation system to reduce road accidents.

Application of Article 162:

• Traffic regulations fall under the State List, giving the West Bengal Legislature the power to make laws on this matter.
• Consequently, the executive power of West Bengal extends to implementing and managing the new traffic regulation system.
• If there is a central law related to motor vehicles and traffic regulations, West Bengal's executive power must operate within the framework of the central law. For example, if the central law sets certain safety standards for vehicles, West Bengal's regulations cannot be less stringent than those standards.