Page:29357 2016 1 1501 44512 Judgement 11-May-2023.pdf/57

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PART I

make laws. The proviso to Article 73(1) provides that the executive power of the Union shall not extend “in any State” to matters with respect to which the Legislature of the State also has power to make laws unless expressly provided in the Constitution or by a law made by Parliament:

“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

To the matters with respect to which Parliament has power to make laws;

[...]

Provided that the executive power referred in subclause (a) shall not, save as expressly provided in this Constitution, or in any law made by Parliament, extend to any State to matters with respect to which the Legislature of the State has also power to make laws.”

82 Article 162 provides that subject to the provisions of the Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has the power to make laws. The proviso stipulates that with respect to matters which both the Legislature of a State and Parliament have legislative competence, the executive power of the State shall be limited by the Constitution or by any law made by Parliament:

“Article 162. Extent of executive power of State.Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws. Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any

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