Verbatim text
(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 ofIndia 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 inany State
1*** 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 toexercise in matters with respect to which Parliament haspower to make laws for that State such executive poweror functions as the State or officer or authority thereofcould exercise immediately before the commencement ofthis Constitution.
Council of Ministers
74.
2[(1) There shall be a Council of Ministers with
the Prime Minister at the head to aid and advise thePresident who shall, in the exercise of his functions, actin accordance with such advice:]
3[Provided that the President may require the Council
of Ministers to reconsider such advice, either generallyor otherwise, and the President shall act in accordancewith the advice tendered after such reconsideration.]
(2) The question whether any, and if so what, advice
was tendered by Ministers to the President shall not beinquired into in any court.Extent of executivepower of theUnion.
Council of
Ministers to aidand advisePresident.
1The words and letters “specified in Part A or Part B of the First Schedule” omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch.
2Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 13, for cl. (1) (w.e.f.
3-1-1977).
3Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 11 (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA
(Part V . —The Union. —Arts. 73—74.)35
What this means
- The index files this text under article 73 of the Constitution of India.
- The index files it under the chapter heading “CHAPTER I.—T HE EXECUTIVE — The President and Vice-President”.
- The passage runs to about 309 words.
The row’s stored title is a body fragment, not a heading (“(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend—”), so it is not used as the provision’s title here.
The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
No rights vocabulary from our fixed word list appears in this passage, so no plain-language reading is offered for it.
This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.
How to cite this
Constitution of India, article 73, Portable Lawyer, https://www.portablelawyer.app/provision/7b40d58d-d309-4b7a-be4d-6b3e97c5a6ab (accessed 25 October 2026).
Canonical URL: https://www.portablelawyer.app/provision/7b40d58d-d309-4b7a-be4d-6b3e97c5a6ab
Accessed 25 October 2026.
Link to the canonical URL above, not to a #section-… fragment on the jurisdiction page — the fragment is a scroll position, this URL is the provision.
Machine-readable versions