What is the Article 73?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

Article 73 of the Indian Constitution refers to the extent of the Executive Power of the Union. The Union’s executive power shall include the following (a) matters over which the Parliament may pass laws; and (b) the exercise of any authority, rights, or jurisdiction that the Government of India may have in accordance with any treaty or agreement.

Article 73 in the Constitution of India 1949

With the caveat that the executive power referred to in subclause (a) shall not extend in any State to matters unless expressly provided in this Constitution or in any law made by Parliament.

Article 73  states that the executive power of the central government shall extend to matters on which Parliament has the power to make laws. This means that the central government can take action on matters that fall within its legislative power, even if they affect the states. However, if there is any conflict between the decisions made by the central and state government on such matters, the decision of the central government will prevail.

Facts About Article 73

The article was discussed on 29 and 30 December 1948. The key points of the debate are as follows:

  • An amendment was moved by a member to delete clause 1. Further, he desired the amendment of clause 1 to provide the Union executive power on only matters relating to the Union List.
  • The amendments were opposed by a member of the Drafting Committee.
  • Further, the general principles were clarified by the Chairman of the Drafting Committee.
  • The amendment was not implemented, and Article 73 was adopted by the assembly on 30 December 1948.

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