Article 73 of the Indian Constitution defines the extent of the executive powers of the Union (Central Government). It tells us where and how far the President and Union Government can exercise executive authority.
📜 Text of Article 73 (Simplified)
Clause (1):
The executive power of the Union shall extend to:
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Matters on which Parliament can make laws (i.e., subjects in the Union List and certain items in the Concurrent List), and
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Matters relating to treaties and international agreements, even if they affect the rights of Indian citizens.
👉 However, in areas where both Union and States can make laws (Concurrent List), the Union Government can act only if Parliament has made a law.
Clause (2):
The powers of the Union do not override the State's executive powers unless explicitly provided by the Constitution or a law made by Parliament.
🧾 Example
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The Union Government can execute laws on defence, foreign affairs, currency, space, railways, etc. (all in the Union List).
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For Concurrent List items like education, forests, marriage laws — the Union can act only if Parliament has passed a law on that subject.
✅ Key Points of Article 73
Area | Who Has Executive Power |
---|---|
Union List | ✅ Union Government (President, PM, Ministers) |
Concurrent List (with Union law) | ✅ Union Government, if Parliament has made law |
Concurrent List (no Union law) | ❌ Union can't act alone; it's the State’s domain |
State List | ❌ Union has no executive power (except during emergency, etc.) |
📌 Summary of Article 73
Feature | Description |
---|---|
Applies to | Union Executive Power |
Based on | Union List and Parliamentary laws on Concurrent List |
Treaty & foreign matters | ✅ Union Executive can act |
State vs Union | Union power doesn’t override States unless law or Constitution allows |
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