Does the executive power of the union not extend to the laws made in the concurrent list (India)?

Question

Article 73 of the Indian constitution states

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; and,to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty of 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 has also power to make laws.

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.

This specific line

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 has also power to make laws.

seems to refer to the concurrent list where both the states and the center have the power to make laws

https://en.m.wikipedia.org/wiki/Concurrent_List

Is this true ? I couldn't find anything to expand upon this

Answer 1

Article 73 of the Indian constitution defines the limits on the power of the central government. This particular clause in it:

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 has also power to make laws.

clearly spells out that the central government cannot intrude into the domain of a State government that the constitution has specified falls under the rights of the States in India.

Concurrent Lists are domains where both the Centre and the State can make laws. When both the Centre and State make laws on any subject in the concurrent laws, the law made by the Parliament usually prevails. Note though that for this the Parliament has to make a law in the first place. If the Parliament hasn't made a law, and a State law exists, this clause clarifies that the Central government cannot encroach on the right of the State (unless otherwise permitted by the Constitution or by some other law of Parliament).

So yes, the executive power of the union does extend to the laws made in the concurrent list provided the Parliament has made a law on the subject in the concurrent list (which would automatically over ride the State law, if it is constitutional - the State can always appeal against the law in the Supreme Court of India if it feels the law is not sound).