JAGTIV · Previous Year Questions

UPPSC

POLITY · 2019

Previous Year Question

Which of the following is correct about the heading of the Article 162 of the Constitution of India?

A.

Executive Power of State

B.

Conditions of Governor's Office

C.

Term of the Office of Governor

D.

Extension of Executive Power of State

Correct Answer: D

Detailed Solution

The official marginal heading of Article 162 of the Constitution is “Extent of executive power of State.” Therefore, among the given options, “Extension of Executive Power of State” corresponds to the correct heading.

Under Article 162, subject to the other provisions of the Constitution, the executive power of a State extends to matters with respect to which the State Legislature has power to make laws. Thus, the sphere of State executive power is generally connected with its legislative competence.

However, in matters such as those in the Concurrent List, where both the State Legislature and Parliament have legislative power, the executive power of the State is subject to and limited by any executive power expressly conferred upon the Union by the Constitution or by a law made by Parliament.

The distinction among the other options is important—Article 154 = Executive power of State, Article 156 = Term of office of Governor, and Article 158 = Conditions of Governor's office. Article 162 is therefore identified with the “Extent/Extension of executive power of State.”

A useful parallel for examination is—Article 73 deals with the extent of the executive power of the Union, while Article 162 deals with the extent of the executive power of a State.

Continue practicing free PYQs with your JAGTIV account.