Article 73

Territorial and Subject-Matter Scope of Union Executive Power

Official heading: “Extent of executive power of the Union”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part V, Article 73, printed pages 33–34
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

Open official PDF at this article Report a text or source error

AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.

1. In One Sentence

Article 73 defines the scope of Union executive power as co-extensive with Parliament’s legislative authority and international treaty implementation rights, subject to federal limitations.

2. What It Means in Everyday Language

Article 73 establishes the general principle of constitutional federalism: executive power is co-extensive with legislative power. The executive power of the Union extends to all matters over which Parliament has power to make laws (primarily the Union List and Concurrent List in the Seventh Schedule).

It also extends to the exercise of rights, authority, and jurisdiction exercisable by the Government of India pursuant to international treaties, conventions, or bilateral agreements.

The Proviso embodies an essential federal check: in Concurrent List matters (where both Parliament and State Legislatures can legislate), the executive power ordinarily rests with the States, unless the Constitution or a specific law made by Parliament explicitly confers executive authority on the Union Government.

3. Practical Illustrative Example

Everyday Scenario:

India signs an international climate treaty and the Union Government takes administrative steps to implement emissions monitoring nationwide.

Core takeaway: Under Article 73(1)(b), the Union Government possesses full executive power to implement international treaty commitments.

Illustrative Notice: For domestic matters in the Concurrent List, state executive administration remains the default unless Parliament expressly mandates central execution in the statute.

4. Important Limits, Qualifications & Exceptions

Article 73 demarcates the constitutional boundary of central executive authority.

Co-extensive rule: Executive power aligns with Parliament’s legislative competencies.
Treaty power: Authorizes executive implementation of foreign relations and agreements.
Concurrent List limitation: State executive authority is protected unless Parliament explicitly displaces it by law.
Continuity clause: Preserves pre-constitutional state powers until Parliament provides otherwise.

5. Operative Constitutional Text

(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 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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

•
Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 73, printed pages 33–34 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource