Union-State Distribution of Executive Power

Articles 73 and 162 define the subject-matter reach of the executive powers of the Union and the States. As a general rule, executive power is coextensive with legislative competence, but it remains subject to the Constitution, valid legislation and the special rules governing Concurrent List matters.

Extent of Union executive power

Under Article 73, Union executive power extends to matters on which Parliament may legislate. It also extends to the exercise of rights, authority and jurisdiction available to the Government of India under a treaty or agreement.

• In a State, Union executive power does not ordinarily extend to matters on which the State Legislature also has legislative competence.
• The Constitution or a law made by Parliament may expressly extend Union executive power into such overlapping fields.

Extent of State executive power

Under Article 162, State executive power extends to matters on which the State Legislature may legislate. Thus, a State normally administers subjects in the State List and may exercise executive power in the Concurrent List.

• In Concurrent List matters, State executive power is subject to any executive power expressly conferred on the Union by the Constitution or by a parliamentary law.
• The Union does not acquire executive authority over every concurrent subject merely because Parliament can legislate upon it.

How the boundaries operate

The two provisions distribute executive authority by reference to legislative fields, but they do not permit executive action contrary to an existing statute. In Ram Jawaya Kapur v. State of Punjab, 1955, the Supreme Court explained that the executive may act within its competent field without prior legislation, provided its action does not violate the Constitution or any law.

• Under Articles 256 and 257, the Union may issue constitutionally authorised directions to States concerning compliance with parliamentary laws and avoidance of impediments to Union executive power.
• Where a statute assigns a decision or procedure to a specified authority, another executive authority cannot replace or bypass that statutory process merely by issuing directions or assurances.

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