Article 73 of CoI : Article 73: Extent of executive power of the Union.

Explanation using Example

Example 1:

Scenario: The Central Government's Role in National Defense

Context: National defense is a matter on which only the Parliament has the power to make laws.

Application: The executive power of the Union extends to national defense. This means that the Central Government, through the Ministry of Defense, can make decisions regarding the deployment of armed forces, procurement of defense equipment, and entering into defense treaties with other countries. For instance, if India decides to purchase fighter jets from another country, the Central Government has the authority to negotiate and finalize the deal.

Example 2:

Scenario: Implementation of an International Treaty on Climate Change

Context: The Government of India has signed an international treaty on climate change, which requires the country to reduce its carbon emissions.

Application: The executive power of the Union includes the authority to implement international treaties. Therefore, the Central Government can create policies and regulations to reduce carbon emissions, such as setting emission standards for industries, promoting renewable energy, and implementing carbon taxes. These actions are within the executive power of the Union as they are based on an international agreement.

Example 3:

Scenario: Overlapping Powers in Education

Context: Both the Parliament and State Legislatures have the power to make laws on education.

Application: While the Central Government can make laws and policies regarding education, the executive power in this area does not extend to the States unless expressly provided by the Constitution or a law made by Parliament. For example, if the Central Government introduces a new national education policy, it cannot directly enforce it in a State unless the State Legislature also adopts it or there is a specific provision allowing the Central Government to do so.

Example 4:

Scenario: State Government's Continued Authority in Public Health

Context: Public health is a matter on which both the Parliament and State Legislatures can make laws.

Application: Until the Parliament provides otherwise, State Governments and their officers can continue to exercise executive powers in public health matters. For instance, if a State Government had the authority to manage public health services before the Constitution commenced, it can continue to do so. This means that a State Health Department can implement health programs, manage hospitals, and respond to health emergencies like outbreaks of diseases, even though the Parliament also has the power to make laws on public health.