Where does the Constitution of India vest executive power with respect to subject-matters in the Concurrent List over which both the Union and States have legislative powers? Explain.
The Constitution of India provides a careful balance of executive authority with respect to the Concurrent List through Articles 73 and 162. Under Article 73, the Union’s executive power generally extends to matters on which Parliament can legislate, but unless expressly directed by law, this does not ordinarily include matters in the Concurrent List where states have competence. Article 162 clarifies that states possess executive power over all subjects within their legislative domain, including the Concurrent List, unless Parliament specifically entrusts execution to the Union.
This structure ensures that states remain the primary administrative authorities for Concurrent subjects even when Parliament legislates on the same field. However, Parliament retains the option to mandate Union execution where uniformity or national interest demands centralized control. Criminal law illustrates this principle: although the Indian Penal Code is a central law, investigation and prosecution remain state responsibilities unless a special Union law intervenes. Thus, federalism is maintained with scope for necessary central action.
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