Answer By law4u team
Constitution Of India Article 73: Extent of Executive Power of the Union
(1) Subject to the 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.
NOTE
The words and letters specified in Part A or Part B of the First Schedule omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
Brief Detail
Article 73 defines the extent of the Union's executive power, which covers matters related to the powers of Parliament to legislate and the rights, authority, and jurisdiction gained through treaties or agreements. However, it does not extend to matters on which the State Legislature also has powers, except as explicitly provided by the Constitution or Parliament's law.
Question & Answers
What is the extent of the Union's executive power under Article 73?
The Union's executive power extends to matters where Parliament has legislative competence and also includes rights and authority arising from treaties or agreements, subject to State powers where both Parliament and State Legislatures have jurisdiction.
How does Article 73 interact with State powers?
While the Union can exercise executive powers over areas covered by its legislative competencies, these powers do not extend into areas where the State Legislature also has power, unless explicitly provided by the Constitution or through parliamentary law.
Example
If Parliament passes a law on defense matters, the Union can exercise executive power in that area, but it cannot extend that power into the State domain unless the Constitution or a parliamentary law explicitly allows it.
Summary
Article 73 establishes that the Union's executive power extends to areas of legislative competence and treaties or agreements. However, it respects State powers unless overridden by constitutional provisions or specific parliamentary laws.
