Article 73 of Indian Constitution- Detailed Analysis
IMPORTANT LINKS
Part 5 of the Indian Constitution
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Overview |
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Name of the Article |
Article 73 - Extent of executive power of the Union |
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Part of the Constitutional Article |
Part V |
The Constitution of India is the law of land that sets the guidelines for the functioning of the government and the rights and responsibilities of its citizens. Article 73 of Indian Constitution is important in defining the scope of the Union’s executive power. The provision underlines the powers and duties of the Union government and aids in efficient and effective governance.
Interpretation of Article 73 of Indian Constitution
Article 73 of the Constitution states - “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 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 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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Article 73 clarifies that the executive power of the Union encompasses matters that Parliament can make laws about and rights from treaties and agreements. It is important to note that it does not apply to areas where state legislatures also have the power to make laws unless the Constitution or Parliament says otherwise.
Conclusion
Article 73 defines the scope of the Union's executive power covering matters within Parliament's legislative authority and rights arising from treaties and agreements. It ensures a clear division of responsibilities between the Union and the States and facilitates effective functioning of the government.
FAQs about Article 73 of Indian Constitution
What is Article 73 of the Indian Constitution?
Article 73 deals with the extent of executive power of the Union.
Under which Part of the Constitution Article 73 is mentioned?
Article 73 is mentioned under Part V of the Constitution of India.
What is the purpose of Article 73?
Article 73 defines the extent of the Union’s executive power. It specifies the scope and the division of responsibilities between the Union and the States.
Does Article 73 apply to matters where State legislatures also have power to legislate?
Article 73 does not extend the Union’s executive power to matters where State legislatures also have the authority to legislate, unless explicitly stated by the Constitution or Parliament.