The Constitution of India
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 or agreement:
Provided that the executive power referred to in subclause (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.
Why this exists
Article 73 mirrors Article 245-246 (legislative powers) but for executive action, ensuring that the Union's day-to-day administrative authority matches its law-making authority. It also formalizes India's ability to act on international treaties through the Union executive. The proviso and clause (2) were added to smoothly transition administrative arrangements inherited from pre-1950 British India and the princely states into the new federal structure without sudden disruption.
How courts read it
Courts, including the Supreme Court in cases like Ram Jawaya Kapur v. State of Punjab (1955), have held that executive power is co-extensive with legislative power — the Union can act administratively wherever Parliament could legislate, even without a specific law, as long as it doesn't infringe on fundamental rights or existing legal rights. Later cases have clarified that on Concurrent List subjects, the Union's executive reach into a State is limited unless expressly authorized, reinforcing federal balance.
Common misconceptions
- Myth: The Union government can exercise executive power on any topic, anywhere, anytime.
Fact: Its power is tied to what Parliament can legislate on, and on shared (Concurrent List) subjects it usually can't act inside a State without specific constitutional or legal permission. - Myth: Executive power requires a specific law to back every action.
Fact: Courts have held that executive power exists wherever legislative power exists, even without a specific enacted law, as clarified in Ram Jawaya Kapur v. State of Punjab.