Actual Article
Article 73: Extent of executive power of the Union
- 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: - Notwithstanding anything in this article, 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.
UPSC Notes for Article 73
Explanation:
- Scope of Union Executive Power: Article 73 defines the extent of the executive power of the Union, specifying that it extends to matters over which Parliament can legislate and to rights and authority arising from treaties and agreements.
- State Matters Exclusion: It clarifies that the Union’s executive power does not extend to matters where state legislatures also have the power to legislate, unless explicitly provided by the Constitution or Parliament.
Key Points:
- Federal Structure: Reinforces the division of powers between the Union and the States, ensuring a balance in the federal structure.
- Legislative Domain: Highlights the areas where the Union government can exercise its executive powers, primarily those under Parliament’s legislative domain.
- Treaties and Agreements: Extends the Union’s executive power to international treaties and agreements, emphasizing India’s commitments on the global stage.
Important Cases and Commissions Related to Article 73
Cases:
- State of Rajasthan vs. Union of India (1977): The Supreme Court upheld the Union’s executive power, emphasizing its primacy in certain matters.
- Rai Sahib Ram Jawaya Kapur vs. State of Punjab (1955): The Court clarified the scope of executive power, affirming that executive action can be undertaken in areas where Parliament has the power to legislate, even if it has not enacted laws in those areas.
Commissions:
- Sarkaria Commission (1983): Examined Centre-State relations, providing insights into the scope and limits of the Union’s executive power.
- Punchhi Commission (2010): Further reviewed the balance of power between the Union and States, emphasizing cooperative federalism.
Important Reports Related to Article 73
- Law Commission Reports: Discussed the implications of the Union’s executive power and its interplay with State powers, suggesting reforms to streamline Centre-State relations.
- Parliamentary Committee Reports: Analyzed the effectiveness of executive actions taken under the Union’s authority, recommending measures for better governance.
Previous Year Prelims Questions Related to Article 73
- (UPSC Prelims 2014) The executive power of the Union extends to which of the following?
- A. Matters on which Parliament has power to make laws
- B. Exercise of rights arising from treaties and agreements
- C. Matters in the Concurrent List
- D. Both A and B Correct Answer: D. Both A and B
- (UPSC Prelims 2017) Under Article 73, the executive power of the Union extends to:
- A. Only Union List subjects
- B. Only Concurrent List subjects
- C. Both Union and Concurrent List subjects
- D. None of the above Correct Answer: C. Both Union and Concurrent List subjects
Previous Year Mains Questions Related to Article 73
- Mains 2016: “Discuss the extent of executive power of the Union as defined under Article 73 of the Indian Constitution. How does it maintain the balance between Centre and State?”
- Mains 2019: “Analyze the scope of the executive power of the Union under Article 73. How does this article ensure the effective functioning of the federal structure in India?”
Additional Insights:
- Federal Dynamics: Article 73 plays a crucial role in maintaining the federal dynamics of India, ensuring a clear delineation of powers and responsibilities between the Union and State governments.
- Legislative Framework: The article underscores the importance of the legislative framework in defining the scope of executive power, ensuring that the Union government operates within the bounds of its constitutional mandate.
- International Commitments: By extending executive power to treaties and agreements, Article 73 highlights the importance of India’s international commitments and the Union government’s role in upholding them.
Understanding Article 73 is essential for UPSC aspirants as it provides a foundational understanding of the extent of executive power in the Indian federal structure. This knowledge is critical for both preliminary and main examinations, offering insights into the balance of power between the Union and State governments and the Union’s role in international relations.