What is the Article 73?

By Mandeep Kumar|Updated : November 8th, 2022

The "Extent of Executive Power of the Union" is referred to in Article 73 of the Indian Constitution. The executive power of the Union 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 of the Constitution of India

With the caveat that the executive power referred to in subclause (a) shall not extend in any State to matters regarding which the Legislature of the State also has the power to make laws, unless expressly provided in this Constitution or in any law made by Parliament.

Until otherwise specified by Parliament, a State and any officer or authority thereof may, notwithstanding anything in this article, continue to exercise such executive power or functions as the State or officer or authority thereof could exercise immediately prior to the commencement of this Constitution in matters with respect to which Parliament has the power to make laws for that State.

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 the Article 73 was adopted by the assembly on 30 December 1948.

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FAQs on Article 73 of the Indian Constitution

  • Article 73 describes the extent of executive power of the Union. According to this article, the Parliament has the power to make laws. It can exercise rights, authority, and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement.

  • Article 73 is included in Part V of the Constitution of India. Part V of the constitution of India comprises the matters associated with the Union.

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