(b) in all cases where the punishment or sentence is for an offence
against any law relating to a matter to which the executive power of the
Union extends;
(c) in all cases where the sentence is a sentence of death.
(2) Nothing in sub-clause (a) of clause (1) shall affect the power
conferred by law on any officer of the Armed Forces of the Union to suspend,
remit or commute a sentence passed by a Court Martial.
(3) Nothing in sub-clause (c) of clause (1) shall affect the power to
suspend, remit or commute a sentence of death exercisable by the Governor 1***
of a State under any law for the time being in force.
73. Extent of executive power of the Union.—(1) Subject to the
provisions of this Constitution, the executive power of the Union shall extend—
(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 of India 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 in any State 2*** 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 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.
1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act,
1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. The 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. (w.e.f. 1 -11-1956).
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