The Constitution of India
Article 154
Executive power of State
(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.
(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.
Why this exists
Article 154 mirrors Article 53 (which vests Union executive power in the President) but applies it to the States. The framers wanted a clear constitutional head for each State's executive branch while leaving room for real administrative power to be exercised by officials and, in practice, by the elected Council of Ministers. This structure follows the British-style parliamentary model adopted for both the Union and the States, where a formal head (President/Governor) holds power in name while an elected government exercises it in substance.
How courts read it
In Ram Jawaya Kapur v. State of Punjab (1955), the Supreme Court explained that the 'executive power' of the State is a broad, residual power to carry on governance not confined to executing laws already made. Later, in Shamsher Singh v. State of Punjab (1974), the Court clarified that although Article 154 vests power in the Governor, he is a constitutional head who, like the President under Article 74, must ordinarily act on the aid and advice of the Council of Ministers, except in specific situations where the Constitution grants him independent discretion.
Common misconceptions
- Myth: The Governor can personally run the State government and make decisions on his own.
Fact: Courts have held that the Governor, like the President, almost always acts on the advice of the elected Council of Ministers, not on his personal judgment, except in a few specific constitutional situations. - Myth: Article 154 gives the Governor all administrative powers directly, replacing other authorities named in existing laws.
Fact: Clause (2)(a) specifically says this Article doesn't take away powers that other laws already give to specific officials or bodies.