Extent of executive power of State

Article 142, Draft Constitution of India 1948

Subject to the provisions of this Constitution, the executive power of each State shall extend-

(a) To the matters with respect to which the Legislature of the State has power to make laws, and

(b) To the exercise of such rights, authority and jurisdiction as are exercisable under any agreement entered into with any State or group of States for the time being specified in Part III of the First Schedule under article 236 or article 237 of this Constitution.

Article 162, Constitution of India 1950

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.

Draft Article 142 (Article 162) was debated on 1st June 1949. It defined the scope of the executive power of each State.

A member of the Drafting Committee proposed an amendment to wholly replace the Draft Article with the following:

‘Subject to the provisions of this Constitution, the executive power of each State shall extend to the matters with respect to which the Legislature of the State has power to make laws.‘

He contended that this would simplify the wording of the Draft Article. Moreover, it reduced complications as the current Draft Article referred to States in Part III of the First Schedule, and the Assembly had not yet defined their position.

The amendment was accepted without debate. Draft Article 142 was adopted by the Assembly on 1st June 1949.