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Article 73 Of Indian Constitution In English
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 on 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 in 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 Council of Ministers.
Article 73 In English
73 Article – Limitation of executive power of the Union.
(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend.
(a) for matters in respect of which Parliament has power to make laws; And
(b) to exercise such rights, authority and jurisdiction by the Government of India by virtue of any treaty on agreement: Provided that the executive power referred to in sub-section (a), is expressly provided for in It shall not, except in the Constitution or in any law made by Parliament, extend to matters in any State in respect of which the Legislature of the State also has power to make laws.
(2) Unless otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything contained in this article, continue to exercise the powers in respect of which Parliament power to make laws for that State, such executive power or function as the State or its officers or authorities may exercise immediately before the commencement of this Constitutional Council of Ministers.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 73 Of Indian Constitution?
In Article 73 you see “Extent of executive power of the Union” that means (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, more above.
Article 73 Debate Summary
The draft Article 60 (Article 73 of the Constitution of India, 1950) was discussed on 29 and 30 December 1948. This article set out the scope of the executive power of the Union. A member moved an amendment to remove the proviso to clause 1. Further, he sought to amend clause 1 to give executive power to the Union only on matters relating to the Union List. He argued that the Article influenced the federal structure by centralizing power with the Parliament.
Through their amendments, provincial autonomy would be protected and the central government would not be given prominence in matters relating to the Concurrent List. In support, another member said that Parliament has legislative power over matters relating to the Concurrent List, but this should not translate into the central government having executive power over these matters.
Instead, in the interest of efficient and good governance, this power should be delegated to the state government. Another member strongly criticized the article. He added: “This clause as it stands is certain to convert the Federation into a completely unitary form of government”. He highlighted that ‘provincial autonomy’ was in practice even during the colonial rule and the departure from this principle would result in ‘totalitarianism’.
A member of the drafting committee opposed these amendments. He suggested that the nature of federalism in India would take shape over time and that the legislature should refrain from adopting a principled approach to it. In addition, the proviso to clause 1 shall ensure a clear and precise allocation of executive responsibility. Further, the Chairman of the Drafting Committee clarified the general principles of the proviso. First, the power to execute laws made by Parliament on matters relating to the Concurrent List rests with the states generally.
Second, only in exceptional circumstances, can Parliament take executive power in these matters. In defense of the proviso, he cited the Australian federal structure. He also said that this provision will enable the central government to implement laws related to social issues. This would ensure the implementation of social laws in cases where the states were not inclined. The amendment did not come. On 30 December 1948, the Assembly adopted the draft Article.
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