Article 73 of Constitution of India – Extent of executive power of the Union
Article 73 of Constitution of India deals with Extent of executive power of the Union
Original Text of Article 73 of Constitution of India
(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.
Questions related to Article 73 of Constitution of India
Article 73 defines the scope of the executive power of the Union Government, stating it extends to matters on which Parliament can legislate, according to the Constitution of India.
Generally, no. The Union’s executive power is limited to Union List subjects, unless explicitly authorized by the Constitution or a Parliamentary law, as detailed in the Articles of Indian Constitution.
Yes, under certain circumstances like during emergencies or when Parliament enacts laws under Article 249 or 252, the Union can exercise executive powers over state matters—explained in judgments found on Indian Kanoon.
It clearly demarcates the Union’s jurisdiction, ensuring that the States retain autonomy over matters in the State List, unless Constitutionally provided otherwise, preserving India’s federal structure under the Indian Constitution.
You can visit Indian Kanoon to explore landmark cases where Article 73 was discussed—especially in matters involving Centre-State relations and administrative boundaries under the Constitution of India.
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