The Constitution of India is the fountainhead from which all our laws derive their authority and force. This is next Article in the series on constitutional provisions in order to aid our readers in understanding them.
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.
The executive power: The term ‘executive’ is used in the broader sense as including both a decision as to action and the carrying out of the decision. The residue of the legislative and judicial powers is the executive power. The executive power is said to vest in the Governor. Even assuming that the order did not originate from the Governor personally, but was made by some one duly authorized by him in that behalf, the Governor nevertheless remains responsible for the action of his subordinates taken in his name. Some of the functions under executive powers may partake of legislative or judicial powers.
The power to dismiss a public servant at pleasure is outside the scope of article 154 and therefore, cannot be delegated by the Governor to a subordinate officer and could be exercised by him only in the manner prescribed by the Constitution. Article 154 speaks of the executive power of the State vesting in the Governor; it does not deal with the constitutional power of the State.
State Government: The State Government means the authority or person authorised at the relevant date to exercise executive authority in the State, and after the commencement of the Constitution, it means the Governor of the State. It is not disputed that the police department is a department of the State Government through which the executive power of the State as respects law and order is exercised.
There are several constitutional functions, powers and duties of the Governor. These are conferred on him eo nomine the Governor (i.e., on the Governor in his name). The Governor, is, by and under the Constitution, required to act in his discretion in several matters. These constitutional functions and powers of the Governor eo nomine as well as those in the discretion of the Governor are not executive powers of the State within the meaning of article 154 read with article 162.
Article 154 lays down that the executive power of the State shall vest in and be exercisable by the Governor either directly or through officers subordinate to him. The Governor makes the Allocation of Business Rules and assigns executive duties to various Ministers and functions in accordance with the Constitution and the laws – existing and those that may be enacted.
Source: Dr Subhash C Kashyap, Constitutional Law of India (Universal)