Article 154 of the Costitution of India with Case law
📘 Article 154 of the Constitution of India – Executive Power of the State
🔹 Text of Article 154:
Article 154(1):
The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
Article 154(2):
Nothing in this article shall—
(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or
(b) prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.
🧾 Explanation:
Article 154 establishes the Governor as the constitutional head of the state, much like the President at the Union level (Article 53). However, the Governor's powers are largely exercised on the aid and advice of the Council of Ministers (as per Article 163).
The executive power includes matters related to administration, appointments, law enforcement, etc.
It is exercised in the name of the Governor, but in practice, the real executive authority lies with the Chief Minister and Council of Ministers.
⚖️ Important Case Laws on Article 154:
🔹 1. A. Sanjeevi Naidu v. State of Madras, AIR 1970 SC 1102
Held: The Governor is a formal or constitutional head; actual decisions are made by the Council of Ministers.
The Governor acts only on the advice of the Council except in situations where the Constitution provides discretion.
🔹 2. Shamsher Singh v. State of Punjab, (1974) 2 SCC 831
Landmark case on the scope of executive power.
Supreme Court held:
“The President and the Governor are the constitutional heads; they exercise their powers on the aid and advice of the Council of Ministers.”
Under Article 154, the Governor's role is not independent unless explicitly mentioned.
🔹 3. Nabam Rebia v. Deputy Speaker, Arunachal Pradesh Legislative Assembly, (2016) 8 SCC 1
The Court reiterated the limited discretion of the Governor.
Governor cannot act independently of the Council of Ministers except in situations expressly permitted by the Constitution.
🔹 4. Rai Sahib Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549
One of the earliest constitutional cases on executive power.
SC held that the executive is a part of the state and functions under legislative control.
Article 154 vests executive power in the Governor, but subject to legislative competence.
📝 Key Points:
The Governor is the nominal executive of the State.
Real power is with the Council of Ministers headed by the Chief Minister.
Article 154 is to be read with Article 163 (Council of Ministers to aid and advise).
The Governor’s discretionary powers are limited and explicitly defined.
🔄 Comparative Insight:
| Article | Subject | Level | Real Executive |
|---|---|---|---|
| Article 53 | Executive power of the Union | Central | Prime Minister & Council |
| Article 154 | Executive power of the State | State | Chief Minister & Council |
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