Constitution of India · Section Article 73
Extent of executive power of the Union
Article 73 — Extent of executive power of the Union
provisions of this Constitution, the executive power of the Union shall extend—
- (a) to the matters with respect to which Parliament has power to make laws; and
- (b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement: Provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State 2*** to matters with respect to which the Legislature of the State has also power to make laws. (2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before the commencement of this Constitution.
Council of Ministers
Plain English Summary
This article defines the scope of the central government's (Union government's) executive power. It means the Union government can act on matters where Parliament has made laws, and it can also exercise powers granted through treaties or agreements. However, this central power cannot automatically override the laws or powers of a State Legislature in areas where the State also has law-making authority.
Key Points
- The Union executive power covers subjects where Parliament has the authority to make laws.
- It also includes exercising rights and jurisdiction granted by treaties or agreements.
- The central executive power cannot extend into matters where a State Legislature also has the power to make laws, unless specifically allowed by the Constitution or a law made by Parliament.
- Until Parliament specifies otherwise, State officials can continue exercising powers related to matters where Parliament has law-making power for that State.
Why It Matters
This article sets the boundary for how much authority the central government has, ensuring a balance between the Union and the States regarding law-making and executive action.
Landmark Judgements
No major landmark judgements.