Article 73 of the Costitution of India with Case law
🇮🇳 Article 73 of the Constitution of India
Subject: Extent of Executive Power of the Union
🔹 Text of Article 73 – Constitution of India
Article 73(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 also has power to make laws.
Article 73(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.
🔹 Key Concepts of Article 73
Scope of Executive Power – It defines the executive domain of the Union Government.
Subjects Covered – Union List + Concurrent List (with restrictions in the State domain).
Limitation – Union's executive power does not extend into State domain unless:
Constitutionally permitted, or
Law made by Parliament explicitly allows it.
🔹 Important Case Laws on Article 73
✅ Ram Jawaya Kapoor vs State of Punjab (1955 AIR 549, 1955 SCR (2) 225)
Facts: The case questioned the extent of the executive power of the Union and State Governments regarding running educational institutions.
Judgment:
The Supreme Court held that executive power is co-extensive with legislative power, unless otherwise stated.
However, executive actions must not contravene any law.
Relevance to Article 73:
Clarified that executive power follows legislative competence as outlined in Article 73 and Article 162 (States).
✅ R. C. Cooper vs Union of India (1970 AIR 564)
Facts: Concerned with the nationalization of banks.
Judgment:
Held that executive action taken without supporting legislation can be valid only when no law exists on the subject, reinforcing the boundaries of executive authority under Article 73.
✅ S.R. Bommai vs Union of India (1994 AIR 1918)
Facts: Related to imposition of President’s Rule under Article 356.
Judgment:
The Supreme Court held that the federal structure and distribution of powers must be maintained. The Union cannot arbitrarily interfere in State matters.
Relevance: Reiterated that Union executive power is limited in State subjects, in accordance with Article 73.
✅ State of West Bengal vs Union of India (1963 AIR 1241)
Facts: Challenge to the Union's power to acquire land in West Bengal for a national project.
Judgment:
Upheld the Union’s authority in matters of national importance, under Article 73, but emphasized cooperative federalism.
🔹 Conclusion
Article 73 ensures that the executive power of the Union is broad, but not unlimited. It must function within the framework of legislative competence and constitutional provisions. The judiciary has consistently emphasized the federal balance between Union and States while interpreting this article.
RELATED Blog
0 comments