What is Article 73 of Indian Constitution – Defination & Meaning

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
📅 Part V – The Union
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Article Number

73

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Part V – The Union

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Active

Bare Acts Text

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 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.
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Full Definition & Explanation

Article 73 of the Indian Constitution defines the extent of executive power held by the Union government. This power allows the Union to manage matters for which Parliament can make laws. It also includes the rights and authorities that the Government of India can exercise based on treaties or agreements made with other nations. This means that the Union government has the authority to enforce laws and policies that affect the whole country, especially in areas where state and central laws may overlap. However, Article 73 includes a key exception. The executive power, as outlined in sub-clause (a), does not extend to states in areas where the state legislature can also make laws, unless specifically provided for in the Constitution or parliamentary laws. This provision ensures that the states retain some control over their own affairs and prevents the central government from exerting undue influence in state matters. Therefore, the article balances power between the Union and the states. The practical impact of Article 73 is major in governance. For instance, during emergencies, the Union can take control of state functions to ensure stability and order. This article empowers the central government to act decisively in national matters while respecting the autonomy of states, creating a framework for cooperation and coordination between different levels of government. The article has been key in various situations, such as disaster management, foreign relations, and defense, where unified action is necessary for the nation’s welfare.

Historical Context

Article 73 was adopted when the Constitution came into effect on January 26, 1950. During the Constituent Assembly debates, members emphasized the need for a strong Union government to manage national issues while respecting state rights. The article reflects the balance between central authority and state autonomy, which was a major concern during the framing of the Constitution. It has not been amended but has been interpreted through landmark Supreme Court cases, such as the Kesavananda Bharati case, which clarified the limits of Parliament’s power. This case emphasized the importance of maintaining the federal structure enshrined in the Constitution, ensuring that state governance remains intact.

Key Features

– Article 73 defines the executive power of the Union government precisely.
– The Union’s power extends specifically to areas where Parliament can legislate.
– States can continue to exercise powers held before the Constitution was enacted.
– The Union’s power does not intrude into state legislative competencies.
– The article includes rights based on international treaties and agreements.

Importance & Impact

– The article allows the Union government to manage national issues effectively and directly.
– States retain legislative authority over subjects where they can independently legislate.
– Article 73 enables the Union to take necessary actions during emergencies or crises.
– Union actions based on international treaties strengthen India’s global diplomatic standing.
– The article ensures a constitutional balance of power between the Union and states.

Sample UPSC Question

Consider the following statements regarding Article 73 of the Indian Constitution: 1. It grants the Union government the power to legislate on all matters. 2. The executive power of the Union extends only to subjects where Parliament has the authority to legislate. 3. The Union can exercise rights established by international treaties, enhancing its functions. Which of the above statements is/are correct? A) 1 and 2 only B) 2 and 3 only C) 1 and 3 only D) All of the above

Answer

The correct answer is B: 2 and 3 only. Article 73 does not grant the Union absolute legislative power over all matters; it only extends to areas where Parliament can legislate. Therefore, option 1 is incorrect as it misrepresents the limitations of the Union’s powers, while options 2 and 3 accurately reflect the provisions of Article 73 regarding its scope and authority.

Key Takeaways

✓ Article 73 clearly defines the scope of Union executive powers.
✓ It maintains a balance of authority between Union and state governments.
✓ States retain their legislative authority over their respective matters.
✓ Union powers include rights derived from international treaties.
✓ The article is necessary for ensuring effective national governance.

FAQs

Article 73 is key in defining the executive powers of the Union government. It allows the central government to effectively manage national issues while ensuring that states maintain their legislative authority. This balance helps preserve federalism, allowing states to operate independently in their jurisdictions and make decisions reflecting local needs and circumstances.

This provision ensures that the states retain some control over their own affairs and prevents the central government from exerting undue influence in state matters. Therefore, the article balances power between the Union and the states. The practical impact of Article 73 is major in governance. Article 73 of the Indian Constitution defines the extent of executive power held by the Union government.

The Union government cannot override state laws unless it has specific constitutional authority. Article 73 is designed to respect the authority of state governments, allowing them to legislate independently. This framework helps maintain a federal structure in which Union and state governments operate within their defined powers, ensuring local governance.

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Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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