Article 73
Context: The Kerala High Court ruled that under Article 73 of the Constitution, the Centre retains executive power to waive loans for disaster-affected persons and cannot deny this by citing the removal of Section 13 from the Disaster Management Act.
Important Pointers:
Article 73 - Extent of Executive Power of the Union: Executive power of the Union extends to matters on which Parliament can legislate and to rights from treaties or agreements.
Federal Structure: Ensures balance by excluding executive power on matters where State legislatures have law-making power unless the Constitution or Parliament states otherwise.
Union & State Powers: Covers subjects in Union and Concurrent Lists but not exclusive State List unless explicitly provided.
International Treaties: The Union’s executive power includes implementing rights under international treaties and agreements.
Landmark Judgements:
State of Rajasthan vs. Union of India (1977) upheld the Union's executive primacy in certain areas.
Rai Sahib Ram Jawaya Kapur vs. State of Punjab (1955) clarified executive action can happen where Parliament may legislate even if not enacted yet.
Role in Federalism: Maintains clear demarcation of powers, fostering cooperative federalism between Centre and States.