what is an article 73

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• What Is The Article 73

What is the Article 73?

Article 73 of the Constitution deals with the Extent of executive power of the Union. It says that the executive power of the Union shall extend-

• To the matters with respect to which Parliament has the 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 or agreement.

It implies that the executive authority is competent on issues on which the Union legislature has competence. 

Further Reading:

• Functions of the Parliament 
• Parliament and State Legislature

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Cases of State succession, State responsibility and outbreak of hostilities

• First Online: 16 January 2018
• pp 1331–1365

Cite this chapter

• Heike Krieger 3  

4625 Accesses

Art 73 includes a precautionary reservation, which leaves room for the ILC to formulate rules on State succession, State responsibility as well as the effects of armed conflict on the law of treaties outside the framework of the VCLT. Especially, the issues of State succession and State responsibility were already under consideration by the ILC so that it was considered necessary not to obstruct or anticipate the outcome of these studies. This was a well-considered pragmatic approach because of which the codification process was not overloaded with attempts to codify rules in fields of international law in which it has proved to be particularly difficult to identify the applicable customary law. The article is not considered to be exhaustive but only highlights the most important cases of potential overlaps.

• Treaty Relations
• Draft Articles
• Rainbow Warrior
• Human Rights Treaties
• Material Breach

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Rosenne ( 1989 ), p. 34.

Rosenne ( 1989 ), pp. 34, 63.

Cf [1982-II/2] YbILC 68.

Waldock II 38.

Report of the Sub-Committee on State Succession [1963-II] YbILC 260, 261; see also Rosenne [1963-II] YbILC 265, 288; Tabibi [1963-II] YbILC 285.

Waldock II 77–78 (Draft Art 21).

[1963-II] YbILC 206.

[1966-II] YbILC 177.

[1966-I/2] YbILC 297.

Rosenne ( 1989 ), p. 35.

[1964-II] YbILC 175–176.

[1966-II] YbILC 186 (Draft Art 69: “Cases of State succession and State responsibility”): “The provisions of the present articles are without prejudice to any question that may arise in regard to a treaty from a succession of States or from the international responsibility of a State.” See also Rosenne ( 1989 ), p. 34.

Final Draft, Commentary to Art 69, 267 para 1, 268, para 3.

[1963-II] YbILC 189.

Final Draft, Commentary to Art 69, 267–268, para 2.

UNCLOT I 584.

UNCLOT I 484.

UNCLOT II 127.

Villiger ( 2009 ), Art 73 MN 11.

Provost ( 2011 ), Art 73 MN 1.

Art 2 para 1 lit b of the 1978 Vienna Convention on the Succession of States in Respect of Treaties 1946 UNTS 3; Art 2 para 1 lit a of the 1983 Vienna Convention on Succession of States in Respect of State Property, Archives and Debts UN Doc A/CONF.117/14.C.N.358; Art 2 lit a ILC Articles on Nationality of Natural Persons in Relation to the Succession of States, UNGA Res 55/153, 12 December 2000, UN Doc A/RES/55/153; see also the decision of the arbitral tribunal in the Delimitation of Maritime Boundary Between Guinea-Bissau and Senegal (Guinea-Bissau v Senegal) (1989) 83 ILR 1, para 31.

Zimmermann ( 2006 ), MN 1; see Craven ( 1998 ), p. 142.

Crawford ( 2012 ), p. 438.

Aust ( 2013 ), p. 325 et seq; Zimmermann ( 2006 ), MN 4.

Aust ( 2013 ), p. 320; Zimmermann ( 2006 ), MN 3.

1946 UNTS 3. See on the Convention O’Connell ( 1979 ), p. 725; Craven ( 2008 ).

Zimmermann ( 2006 ), MN 5, 12; see Dumberry and Turp ( 2003 ), pp. 377–412.

Zimmermann ( 2006 ), MN 3.

Aust ( 2013 ), p. 321; see also Eisemann and Koskenniemi ( 2000 ).

Bothe and Schmidt ( 1992 ), Hamant ( 2007 ), Mullerson ( 1993 ) and Stern ( 1996 ).

See Hailbronner ( 1991 ), p. 18; Oeter ( 1991 ), pp. 349–383.

Aust ( 2013 ), pp. 326–334; Zimmermann ( 2006 ), MN 3 et seq; see Crawford ( 1998 ); Zimmermann ( 2000 ).

Aust ( 2013 ), p. 322.

Zimmermann ( 2006 ), MN 13 et seq; see however Crawford ( 2012 ), p. 439 et seq; see also Rosenne ( 1998 ), pp. 97–106.

ICJ Gabčíkovo–Nagymaros [1997] ICJ Rep 7, para 123; see Klabbers ( 1998 ), pp. 345–355.

Human Rights Committee, General Comment No 26: Continuity of Obligations, 8 December 1997, UN Doc CCPR/C/21/Rev.1/Add.8/Rev.1; see also UN Commission on Human Rights: Res 1993/23, Succession of States in respect of international human rights treaties, 5 March 1993; Res 1994/16, Succession of States in respect of international human rights treaties, 25 February 1994; Res 1995/18, Succession of States in respect of international human rights treaties, 24 February 1995; Kamminga ( 1996 ), p. 469; Mullerson ( 1993 ), pp. 473, 490 et seq; Zimmermann ( 2006 ), MN 15.

Mullerson ( 1993 ), pp. 490–492; Kamminga ( 1996 ), p. 482 et seq ; more cautious but in the same direction Shaw ( 1994 ), p. 84.

Aust ( 2013 ), p. 324.

Zimmermann ( 2006 ), MN 15.

UN Doc E/CN.4/1994/68, paras 13, 20.

Rasulov ( 2003 ), pp. 158 and 160 for an overview of succession and accession practices.

ICJ Genocide Case (Preliminary Objections) [1996] ICJ Rep 595, paras 17–23; see however the separate opinion of Judge Weeramantry [1996] ICJ Rep 640 et seq.

ICRC ( 2016 ), MN 3219.

ICTY Prosecutor v Delalić et al (Appeals Chamber) IT-96-21-A, 20 February 2001, para 110, n 132.

ICTY Prosecutor v Delalić et al (Appeals Chamber) IT-96-21-A, 20 February 2001, para 111.

Eritrea-Ethiopia Claims Commission, Prisoners of War, Ethiopia’s Claim , Partial Award, (2003) 26 RIAA 73, para 24 et seq.

Bühler ( 2001 ), p. 115 et seq; Zimmermann ( 2006 ), MN 15.

Bühler ( 2001 ), p. 151 et seq, 180 et seq; Aust ( 2013 ), pp. 327, 330.

Art 15 1978 Vienna Convention on the Succession of States in Respect of Treaties 1946 UNTS 3.

Art 31 1978 Vienna Convention on the Succession of States in Respect of Treaties 1946 UNTS 3.

Aust ( 2013 ), p. 323; Zimmermann ( 2006 ), MN 8.

Crawford ( 2012 ), p. 424 et seq.

Zimmermann ( 2006 ), MN 6 et seq.

Villiger ( 2009 ), Art 73 MN 12.

Schröder ( 2010 ), MN 4.

UNGA Res 56/83, 12 December 2001, UN Doc A/RES/56/83. For the history of codification, see Crawford ( 2002 ), p. 874.

Art 1 Draft Articles; PCIJ The Factory at Chorzów (Claim for Indemnity) (Merits) PCIJ Ser A No 17, 47 (1928).

Crawford ( 2008 ), MN 18.

On the question whether fault and damage are necessary prerequisites for incurring responsibility, see Crawford and Olleson ( 2014 ), p. 462 et seq; see also Diggelmann ( 2006 ), pp. 293–305.

See Aust and Nolte ( 2009 ), p. 1.

ICJ LaGrand [2001] ICJ Rep 466, para 124.

Crawford ( 2008 ), MN 24.

Crawford and Olleson ( 2014 ), p. 468.

See on the concept Tams ( 2005 ).

Crawford ( 2008 ), MN 32 et seq, 46; see on State responsibility and international crimes eg Weiler et al ( 1989 ); Rosenne ( 1997 /1998); Gaja ( 1999 ).

Dupuy ( 1997 ), pp. 12, 15.

Aust ( 2013 ), p. 203 et seq.

Dupuy ( 1997 ), p. 16.

Draft Articles on Responsibility of States for Internationally Wrongful Acts, UNGA Res 56/83, 12 December 2001, UN Doc A/RES/56/83.

Provost ( 2011 ), Art 73 MN 10.

‘Rainbow Warrior’ Affair (New Zealand v France) (1990) 20 RIAA 217, para 75.

[2001-II/2] YbILC 55.

Dupuy ( 1997 ), p. 17.

Provost ( 2011 ), Art 73 MN 12. A further problematic overlap might be seen in the relationship between Art 23 of the ILC Draft Articles on force majeure and the rules on a supervening impossibility of performance according to Art 61 VCLT.

‘Rainbow Warrior’ Affair (New Zealand v France) (1990) 20 RIAA 217, para 73.

Provost ( 2011 ), Art 73 MN 16–17; Dupuy ( 1997 ), p. 15.

See Bowett ( 1991 ), pp. 137, 138 et seq; Dupuy ( 1997 ), p. 17; Sicilianos ( 1993 ), p. 341 et seq.

Dupuy ( 1997 ), p. 15.

See Dupuy ( 1997 ), p. 22.

Second Report of SR Crawford , 16 March 1999, UN Doc A/CN.4/498, para 257; see also Lefeber ( 1998 ), p. 612.

Air Services Agreement of 27 March 1946 (United States v France) (1979) 18 RIAA 416; ICJ Gabčíkovo-Nagymaros [1997] ICJ Rep 7, para 84 et seq.

Crawford and Olleson ( 2001 ), pp. 55, 57.

ICJ Gabčíkovo–Nagymaros [1997] ICJ Rep 7, paras 47, 101, 106.

Aust ( 2013 ), p. 316 et seq.

ILC Report of the Study Group on the Fragmentation of International Law, Finalized by Koskenniemi , 13 April 2006, UN Doc A/CN.4/L.682, para 68 et seq; Krieger ( 2006 ), p. 270.

Fitzmaurice and Elias ( 2005 ), p. 146; see in general Linderfalk ( 2009 ).

Lefeber ( 1998 ), p. 611.

Cf Shaw ( 2014 ), p. 686 et seq.

Crawford and Olleson ( 2001 ), p. 60.

Aust ( 2013 ), p. 317.

Fitzmaurice ( 1985 ), p. 6.

Final Draft, Commentary to Art 69, 267, para 2.

ICRC ( 2009 ), p. 43.

Dinstein ( 2010 ), p. 1.

See eg Art 1 of the 1907 Hague Convention (III) Relative to the Opening of Hostilities; Sect II of the 1907 Hague Convention (IV) Respecting the Laws and Customs of War on Land and its Annex; Art 3 para 1 Geneva Conventions I–IV; Art 17 Geneva Convention I, Art 33 Geneva Convention II; Section II and Art 21 para 3, Art 67, 118–119 Geneva Convention III; Art 49 para 2, Arts 130, 133–135 Geneva Convention IV; Arts 33–34, 40, 43 para 2, Arts 45, 47, 51 para 3, Arts 59–60 Additional Protocol I and Part IV Section I Additional Protocol I; Arts 4 and 13 para 3 Additional Protocol II; Art 3 paras 1–3 and Art 4 Protocol on Explosive Remnants of War.

Delbrück ( 2000 ), p. 1371.

ILC Report 63rd Session, UN Doc A/66/10 (2011), 181 et seq with reference to ICTY Prosecutor v Tadić (Appeals Chamber) (Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction) IT-94-1, 2 October 1995, para 70. The phrase “or between such groups within a State” has not been included in the definition because the draft articles only apply where there is at least one State Party to a treaty; ILC Report 63rd Session, UN Doc A/66/10 (2011), 182.

ILC Report 63rd Session, UN Doc A/66/10 (2011), 182.

See also ILC Report 60th Session, UN Doc A/63/10 (2008), 91.

Statement of China, UN Doc A/C.6/63/SR.17, para 53.

First Report of SR Caflisch , 22 March 2010, UN Doc A/CN.4/627, para 25.

(1984) 15 NYIL 321; ILC, The Effect of Armed Conflicts on Treaties, Memorandum by the Secretariat, 1 February 2005, UN Doc A/CN.4/550, para 90.

ILC, The Effect of Armed Conflicts on Treaties, Memorandum by the Secretariat, 1 February 2005, UN Doc A/CN.4/550, para 110.

Broms ( 1981 ), p. 227.

Delbrück ( 2000 ), p. 1369.

ILC, The Effect of Armed Conflicts on Treaties, Memorandum by the Secretariat, 1 February 2005, UN Doc A/CN.4/550, paras 3, 5.

(1983) 54 BYIL 370; see ILC, The Effect of Armed Conflicts on Treaties, Memorandum by the Secretariat, 1 February 2005, UN Doc A/CN.4/550, para 5.

(1976–1977) 48 BYIL 333 et seq; ILC, The Effect of Armed Conflicts on Treaties, Memorandum by the Secretariat, 1 February 2005, UN Doc A/CN.4/550, para 5.

ILC Report 60th Session, UN Doc A/63/10 (2008), 98.

Institute of International Law ( 1912 ).

Harvard Draft 1183–1204.

(1985) 61-I AnnIDI 1–27; (1985) 61-II AnnIDI 199–255.

UNGA Res 59/41, 16 December 2004, UN Doc A/RES/59/41, para 5.

First Report of SR Brownlie , 21 April 2005, UN Doc A/CN.4/552.

Second Report of SR Brownlie , 16 June 2006, UN Doc A/CN.4/570; Third Report of SR Brownlie , 1 March 2007, UN Doc A/CN.4/578; Fourth Report of SR Brownlie , 14 November 2007, UN Doc A/CN.4/589.

ILC Report 60th Session, UN Doc A/63/10 (2008), 80–135.

First Report of SR Caflisch , 22 March 2010, UN Doc A/CN.4/627.

ILC Report 63rd Session, UN Doc A/66/10 (2011), 94; see Vöneky ( 2011 ), para 18; Loets ( 2012 ), pp. 127–136; Pronto ( 2013 ), pp. 227–241; Tan Zhi Peng ( 2013 ), pp. 55–76.

UNGA Res 66/99 (27 February 2012) UN Doc A/RES/66/99; UNGA Res 69/125 (18 December 2014) UN Doc A/RES/69/125.

UNGA, Sixth Committee: Summary Record of the 18th Meeting, 23 October 2014, UN Doc A/C.6/69/SR.18, para 8 (South Africa); para 16 et seq (Russia); para 23 et seq (Colombia); para 27 et seq (Singapore); para 45 (United States).

UNGA, Sixth Committee: Summary Record of the 18th Meeting, 23 October 2014, UN Doc A/C.6/69/SR.18, para 9 (South Africa); para 12 (Finland); para 18 (Russia); para 30 et seq (Singapore).

UNGA, Sixth Committee: Summary Record of the 18th Meeting, 23 October 2014, UN Doc A/C.6/69/SR.18, para 10 (South Africa), para 20 (Russia); para 27 (Singapore); para 38 (India); para 46 (United States); in favor of a convention Cuba, para 22; Greece, para 39.

ILC Report 63rd Session, UN Doc A/66/10 (2011), 183.

See, for instance, British High Court of Admiralty The Louis 15 December 1817, three British International Law Cases, p. 691, at p. 708; on the other hand: US Supreme Court, Society for the Propagation of the Gospels v Town of New Haven , American International Law Cases, Vol 19, p. 41, at p. 48, 21 U.S. (8 Wheat.) 464.

Delbrück ( 2000 ), p. 1368; Schwarzenberger ( 1943 ), p. 460 et seq .

McNair ( 1961 ), pp. 698–702.

Schwarzenberger ( 1943 ), p. 471; Westlake ( 1913 ), p. 8.

McNair ( 1961 ), p. 698.

McNair ( 1961 ), p. 698: for further UK and US State practice see McNair ( 1961 ), pp. 698–702.

Delbrück ( 2000 ), p. 1369; ILC, The Effect of Armed Conflicts on Treaties, Memorandum by the Secretariat, 1 February 2005, UN Doc A/CN.4/550, para 15.

(1912) 25 AnnIDI 611; see also (1911) 24 AnnIDI 200.

North Atlantic Coast Fisheries (United Kingdom v United States) (1910) 11 RIAA 167, 181.

ILC Report 63rd Session, UN Doc A/66/10 (2011), 183 et seq .

Art 4 Draft Articles: “Where a treaty itself contains provisions on its operation in situations of armed conflict, those provisions shall apply.”; see for pertinent State practice on explicit regulations Dahm et al ( 2002 ), p. 759.

Art 5 Draft Articles: “The rules of international law on treaty interpretation shall be applied to establish whether a treaty is susceptible to termination, withdrawal or suspension in the event of an armed conflict.“ ; ILC Report 63rd Session, UN Doc A/66/10 (2011), 186; see also First Report of SR Caflisch , 22 March 2010, UN Doc A/CN.4/627, paras 51, 81.

Art 6 subpara (b) Draft Articles; ILC Report 63rd Session, UN Doc A/66/10 (2011), 187.

Art 6 subpara (a) Draft Articles; ILC Report 63rd Session, UN Doc A/66/10 (2011), 187.

Art 13 Draft Articles; ILC Report 63rd Session, UN Doc A/66/10 (2011), 193 et seq.

Delbrück ( 2000 ), p. 1370; ILC, The Effect of Armed Conflicts on Treaties, Memorandum by the Secretariat, 1 February 2005, UN Doc A/CN.4/550, para 17.

First Report of SR Caflisch, 22 March 2010, UN Doc A/CN.4/627, para 70; see also ILC Report 60th Session, UN Doc A/63/10 (2008), 96–124.

First Report of SR Caflisch, 22 March 2010, UN Doc A/CN.4/627, paras 53, 65.

ILC Report 63rd Session, UN Doc A/66/10 (2011), 198; Third Report of SR Brownlie, 1 March 2007, UN Doc A/CN.4/578, para 34.

See inter alia statements by India UN Doc A/C.6/60/SR.18, para 64; Poland UN Doc A/C.6/60/SR.19, para 19; the United Kingdom, UN Doc A/C.6/60/SR.20, para 1 and the United States, UN Doc A/C.6/60/SR.20, para 34 and UN Doc A/C.6/61/SR.19, para 41.

See for the statement of the United States UN Doc A/C.6/60/SR.20, para 34; see also India, UN Doc A/C.6/63/SR.17, para 47; Israel, UN Doc A/C.6/63/SR.18, para 33; Nordic Countries, UN Doc A/C.6/63/SR.16, para 32.

First Report of First Report of SR Caflisch, 22 March 2010, UN Doc A/CN.4/627, para 56.

Aust ( 2013 ), p. 309; Delbrück ( 2000 ), p. 1370; Fitzmaurice ( 1948 ), pp. 312–317; Hall and Higgins ( 1924 ), pp. 453–459; McNair ( 1961 ), pp. 693–728; O’Connell ( 1970 ), p. 269 et seq; Arts 3 and 6 of the IDI Resolution (1985) 61-I AnnIDI 1–27; (1985) 61-II AnnIDI 199–255.

For an overview of State practice with a particular focus on US practice in the light of US American criticism of the Draft Articles see ILC Report 63rd Session, UN Doc A/66/10 (2011), 200 et seq.

Delbrück ( 2000 ), p. 1370.

First Report of SR Brownlie, 21 April 2005, UN Doc A/CN.4/552, para 107; Delbrück ( 2000 ), p. 1370.

McNair ( 1961 ), p. 723.

ILC, The Effect of Armed Conflicts on Treaties, Memorandum by the Secretariat, 1 February 2005, UN Doc A/CN.4/550, para 48 et seq.

Brölmann ( 2005 ), p. 383 et seq.

ILC Report 63rd Session, UN Doc A/66/10 (2011), 202.

Delbrück ( 2000 ), p. 1371; see however Dahm et al ( 2002 ), p. 756; McNair ( 1961 ), pp. 713-715, 718 et seq.

First Report of SR Brownlie, 21 April 2005, UN Doc A/CN.4/552, para 80; see, however, ILC Report 63rd Session, UN Doc A/66/10 (2011), 205 et seq.

First Report of SR Brownlie, 21 April 2005, UN Doc A/CN.4/552, para 108 et seq; ILC Report 63rd Session, UN Doc A/66/10 (2011), 209.

Apparently, to date the only, investment arbitration case concerning armed conflict is Asian Agricultural Products Ltd v Sri Lanka, ICSID Case No ARB/87/3, Award of 27 June 1990.

ILC Report 63rd Session, UN Doc A/66/10 (2011), 210; cf Aust ( 2013 ), p. 310; First Report of SR Brownlie, 21 April 2005, UN Doc A/CN.4/552, para 83.

Eg Roberts ( 2013 ), p. 45 et seq.

Ostransky ( 2015 ), p. 148 et seq.

See, however, Schreuer ( 2012 ), p. 3.

Ostransky ( 2015 ), p. 156.

ICJ Construction of a Wall Opinion [2004] ICJ Rep 136, para 106.

Krieger ( 2013 ), MN 25.

Third Report of SR Brownlie, 1 March 2007, UN Doc A/CN.4/578, paras 49, 54; for criticism on this point, see the views of the delegations of South Korea UN Doc A/C.6/60/SR.18, para 36, the United Kingdom UN Doc A/C.6/60/SR.20, para 1, and the United States UN Doc A/C.6/60/SR.20, para 33; see on the differentiation between continuing operation/applicability and the lex specialis rule Krieger ( 2006 ), p. 268 et seq .

Krieger ( 2002 ), p. 669.

Akande ( 1997 ), p. 183.

See ILC, The Effect of Armed Conflicts on Treaties, Memorandum by the Secretariat, 1 February 2005, UN Doc A/CN.4/550, paras 58–63.

500 UNTS 95.

596 UNTS 261.

ICJ Tehran Hostages Case [1980] ICJ Rep 3, para 86.

First Report of SR Caflisch, 22 March 2010, UN Doc A/CN.4/627, para 76.

ILC Report 63rd Session, UN Doc A/66/10 (2011), 189.

First Report of SR Caflisch, 22 March 2010, UN Doc A/CN.4/627, para 74 et seq.

Draft Art 18 (“Revival of treaty relations subsequent to an armed conflict”): “The present draft articles are without prejudice to the right of States Parties to an armed conflict to regulate, subsequent to the conflict, on the basis of agreement, the revival of treaties, terminated or suspended as a result of the armed conflict.”

Draft Art 14 (“Effect of the exercise of the right to individual or collective self-defence on a treaty”): “A State exercising its inherent right of individual or collective self-defence in accordance with the Charter of the United Nations is entitled to suspend in whole or in part the operation of a treaty to which it is a Party insofar as that operation is incompatible with the exercise of that right.”

Draft Art 16 (“Decisions of the Security Council”): “The present draft articles are without prejudice to the relevant decisions taken by the Security Council in accordance with the Charter of the United Nations.”

Draft Art 17 (“Rights and duties arising from the laws of neutrality”): “The present draft articles are without prejudice to the rights and duties of States arising from the laws of neutrality.”

Draft Art 18 (“Other cases of termination, withdrawal or suspension”): “The present draft articles are without prejudice to the termination, withdrawal or suspension of treaties as a consequence of, inter alia: (a) a material breach; or (b) supervening impossibility of performance; or (c) a fundamental change of circumstances.”

ILC Report 63rd Session, UN Doc A/66/10 (2011), 198.

Art 15 Draft Articles.

ILC Report 63rd Session, UN Doc A/66/10 (2011), 194.

Fourth Report of SR Brownlie, 14 November 2007, UN Doc A/CN.4/589, para 29 et seq.

ILC Report 63rd Session, UN Doc A/66/10 (2011), 189 et seq.

First Report of SR Caflisch, 22 March 2010, UN Doc A/CN.4/627, paras 89, 91.

First Report of SR Caflisch, 22 March 2010, UN Doc A/CN.4/627, para 85.

Statement of Switzerland, UN Doc A/CN.4/622.

First Report of SR Caflisch, 22 March 2010, UN Doc A/CN.4/627, para 87; ILC Report 62nd Session, UN Doc A/65/10 (2010), 303.

[1982-II/2] YbILC 68.

[1982-II/2] YbILC 68 et seq.

[1982-II/2] YbILC 43.

Anderson ( 2011 ), Art 74 VCLT II MN 10 et seq.

[1982-II/2] YbILC 44.

[1982-II/2] YbILC 45-7, quote at 47.

UN Doc A/Conf/.129/C.1/L.49.

Anderson ( 2011 ), Art 74 VCLT II MN 14.

ILC Report 63rd Session, UN Doc A/66/10 (2011), 180.

ILC Report 63rd Session, UN Doc A/66/10 (2011), paras 77–88; see UN Doc UNGA Res 66/100 (9 December 2011); UNGA Res 69/126 (10 December 2014).

Anderson ( 2011 ), Art 74 VCLT II MN 24.

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Krieger, H. (2018). Article 73. In: Dörr, O., Schmalenbach, K. (eds) Vienna Convention on the Law of Treaties. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-662-55160-8_77

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Constitution of India

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 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.

Article 60, Draft Constitution of India 1948

(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) of this clause 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.

(2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything contained 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.

Article 73, Constitution of India 1950

⁠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 specified in Part A or Part B of the First Schedule to matters with respect to which the Legislature of the State has also power to make laws.

Draft Article 60 was discussed on 29 and 30 December 1948 . This article laid down the scope of the executive power of the Union.

A member moved an amendment to delete proviso to clause 1. Further, he sought to amend clause 1 to give the Union executive power on only matters relating to the Union List. He argued that this Article impaired the federal structure by centralising the power with the Parliament. Through his amendments, provincial autonomy would be protected and the central government would not be given prominence in matters relating to the Concurrent list. In support, another member noted that while the Parliament has legislative power on matters relating to the Concurrent List, this must not translate into the Union Government having executive power on these matters. Instead, in the interest of efficient and good governance, the State government must be entrusted with this power. Another member came down heavily on this article. He said: “this clause as it stands is sure to convert the Federation into an entirely unitary form of Government”. He highlighted that ‘provincial autonomy’ was in practice even during colonial rule and departure from this principle would result in ‘totalitarianism’.

A member of the Drafting Committee opposed these amendments. He suggested that the nature of federalism in India would take shape with time and the Assembly should refrain from adopting a theoretical approach to it. Moreover , the proviso to clause 1 would ensure clear and precise allocation of executive responsibility. Further, the Chairman of the Drafting Committee clarified the general principles of the proviso. First, the power to execute laws made by the Parliament on matters relating to Concurrent List ordinarily rested with the states. Second, only in exceptional circumstances, the Parliament could take on executive authority in these matters. In defence of the proviso, he invoked references to the Australian federal framework. He also noted that this proviso would enable the Central Government to put laws relating to social issues in action. This would ensure implementation of social laws in cases where states were not keen.

The amendments did not come through. The Assembly adopted the Draft Article on 30th December 1948.

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Constitution Article

Article 73 in constitution of india, 73. extent of executive power of the union.

Article 78 Proceedings – How to Appeal an Agency Decision

Para ver este artículo en español por favor  visite aquí . (To view this article in Spanish,  visit here .)

What is an Article 78 Proceeding?

Article 78 proceedings are lawsuits mainly used to challenge an action (or inaction) by agencies of New York State and local governments. Article 78 proceedings are also sometimes filed against judges, tribunals, boards, and even private companies whose existence is based on statutory authority.  

Notably, appeals of decisions of the New York Department of Labor’s Unemployment Insurance Appeal Board, are an exception.  Such appeals must be made to the New York State Supreme Court’s Third Department Appellate Division.

Although Article 78 proceedings are available to appeal most administrative actions in New York, the laws governing the particular agency or body should be consulted to determine if there is a specific appeal procedure. For example, Real Property law establishes a process to be used by a homeowner who wants to challenge their property tax assessment. 

Court determinations in civil and criminal matters generally fall outside the scope of Article 78 review, with some exceptions.

What can I do if I get a decision from a New York agency that I disagree with?

If you disagree with an agency decision, you may want to consider appealing the decision to the New York courts. You can do so by filing an “Article 78 Proceeding.” It is named after the section of New York law that sets out the rules for this kind of case: Article 78 of the New York Civil Practice Law and Rules. People ask us about this kind of case after they have received an unfavorable hearing decision in a case involving the Department of Social Services (DSS) or a housing authority.

Article 78 is generally unavailable if the decision or determination that you seek to appeal is not final.  Generally, a determination is final when there remains no further appeal options within an agency.

Do I need a lawyer?

You are not required to have a lawyer, but Article 78 proceedings are usually filed by lawyers.  It is important to file the papers you need properly (a Notice of Petition and a Petition). We strongly recommend that you find a lawyer to help you. If you do not know of one, you can contact the New York State Lawyer Referral and Information Service. Their toll free number is 1-800-342-3661. They may be able to give you the names of lawyers in the area who handle this type of matter and would be willing to meet with you at the rate of $35 for an initial half-hour consultation.  

Some counties have local bar referral services such as The Cattaraugus County Bar Association's Lawyer Referral Service, which can be reached at (716) 584-1254. Monroe Monroe County’s is available at mcba.org. Also, the New York Court system website, available at nycourts.gov, has an “Ask a Law Librarian” service. It is a remote legal reference service open to the general public. It is staffed by New York State Court System law library personnel from around the state and is intended to answer legal reference questions posed by the public.

In what court do I file my Article 78 proceeding?

You usually have to file your Article 78 proceeding in the New York State Supreme Court. Each county has its own Supreme Court. The Supreme Court is usually located at the County Courthouse. There is a “Court Locator” link at nycourts.gov with contact information.

Is there a time deadline for filing an Article 78 proceeding?

Yes. Article 78 proceedings must generally be filed within four months of the date you receive the decision you want to appeal. Check with a lawyer as soon as you can to find out if your deadline is even shorter.

What arguments can I raise in my Article 78 proceeding?

One argument you can raise is that the agency did not follow its own rules when it made the decision. Two of the other things the court can consider are 1) whether the decision was "arbitrary and capricious" or 2) not supported by "substantial evidence". These words have special legal meanings. "Arbitrary and capricious" means the decision is not reasonably related to the facts of the case. "Substantial evidence" is evidence that a reasonable person would accept as enough to support the agency's decision. If you lost a hearing, you probably feel that you should win on both of these issues. New York courts very often decide in favor of the agency if the agency has written down some reason for its decision, even if many people would think the decision was wrong.

Can I do anything else besides filing an Article 78 proceeding?

Sometimes an unfavorable fair hearing decision can be reversed in your favor without actually going to court to file an appeal. This usually works best when an actual mistake was made in the decision. For example, if you gave the judge papers at the hearing, and the decision says you did not bring any papers to the hearing.

If your case involves rights protected by the U.S. Constitution or the legality of a federal law, you may be able to file a case in federal court or in New York State Supreme Court. In that case, you may have up to three years from the date of the unfavorable hearing decision to file your case. It is usually safest to file the Article 78 challenge to the unfavorable hearing decision within four months of the date of the decision to make sure that you do not miss this deadline. 

How long does an appeal take?

Depending on the issues involved, an appeal can take several months or longer.  

(c) Legal Assistance of Western New York, Inc. ®

This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer.  Receiving this information does not make you a client of our office.

Last Review Date: April 2023

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Article 73 Of The Indian Constitution

The government of India is parliamentary. The executive is only accountable to and responsible to the legislature in this system of government.

Because the executive functions are ultimately concentrated in the Cabinet, it is also known as the Cabinet Government.

It was expressly specified in Article 73 of the Indian Constitution that the Union’s executive authority would be given to the parliament.

The said Article is in Part V of the Constitution, Chapter I (The Executive). “The Union” is the name of Part V.

This page gives you a Knowledgeable insight into Article 73 and presents the constitutional provisions enshrined in this article. This article is beneficial for the preparation of Indian Polity for competitive exams like UPSC .

What Is Article 73 Of The Indian Constitution?

Constituent assembly debates, faqs on article 73 of the indian constitution, what does article 73 mean, which part of the indian constitution contains article 73, what do you mean by union executive.

• to topics about which Parliament has the authority to frame laws; and
• to exercise of those authorities, rights, and jurisdictions that the Government of India may exercise in accordance with any treaty or agreement. Except as specifically specified in this Constitution or in a law passed by Parliament, the executive power referred to in subclause (a) shall not, in any State, extend to topics over which the State Legislature also has the authority to enact laws.
• Until otherwise stated by Parliament, a State and any officer or authority thereof may, notwithstanding anything in this article, continue to exercise such executive power or functions as the State or officer or authority thereof might exercise immediately prior to the beginning of this Constitution on issues with respect to which Parliament has the ability to make laws for that State.

On December 29 and 30, 1948, a discussion of Draft Article 60 or Article 73 of the Constitution of India took place.

A member proposed an amendment to strike clause 1 from the text. Additionally, he wanted the amendment of clause 1 to grant the Union’s executive authority to topics pertaining to the Union List.

With his revisions, the central government would not be given precedence in decisions involving the Concurrent list and provincial authority would be safeguarded.

Another member who agreed said that although the Parliament has legislative power on matters relating to the Concurrent List, this should not be interpreted as the Union Government has executive authority over these matters.

Instead, this authority must be given to the State government for effective and good governance.

Another participant voiced strong opposition to this piece. He emphasized that “regional autonomy” was in use even during colonial authority and that departing from this idea would lead to “totalitarianism.”

A Drafting Committee member objected to the revisions. He advised the Assembly to avoid taking a theoretical stance on federalism because the essence of it will emerge in India over time.

A clear and accurate division of executive responsibilities would also be assured by the proviso to clause 1.

The Chairman of the Drafting Committee also clarified the broad principles.

• First, the states usually had the authority to carry out laws passed by the Parliament regarding the Concurrent List.
• Second, the Parliament could only exercise executive authority over certain topics in rare situations.
• He cited instances of the Australian federal system to support the proviso.
• He added that the Central Government would be able to implement social issue-related laws thanks to this proviso.
• When states were hesitant to enforce social laws, this would guarantee their execution.

The change was not implemented to the provisions of Article 73 and was adopted by the assembly on December 30, 1948.

For Further Readings:

The most notable legal entity that carries out laws under the Indian Constitution is the Union Executive. The scope of the Union’s executive power is outlined in Article 73 of the Indian Constitution. It makes it clear that the parliament will be given executive responsibility over the Union. According to the said Article, the executive authority has power over matters that are under the purview of the Union legislative.

The Union’s executive power is set forth in detail in Article 73. This article asserts that the Parliament has the authority to create laws. In accordance with any treaty or agreement, it may exercise the same rights, powers, and jurisdiction as the Government of India.

Part V of the Indian Constitution features Article 73. The Union-related subjects are covered in Part V of India’s constitution.

The Union Executive is the most notable legal entity that implements laws in accordance with the Indian Constitution.

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98th Amendment Of Indian Constitution

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Watch CBS News

What customers should know about AT&T's massive data breach

By Khristopher J. Brooks

Edited By Anne Marie Lee

Updated on: April 2, 2024 / 5:38 PM EDT / CBS News

Millions of current and former AT&T customers learned over the weekend that hackers have likely stolen their personal information and are sharing it on the dark web . 

AT&T on Saturday said it doesn't know if the massive data breach "originated from AT&T or one of its vendors," but that it has "launched a robust investigation" into what caused the incident. The data breach is the latest cyberattack AT&T has experienced since a leak in January of 2023 , that affected 9 million users. By contrast, Saturday's much larger breach impacts 73 million current and former AT&T account holders. AT&T has seen several data breaches  over  the years that range in size and impact. 

The data breach prompted an Ohio man to file a class-action lawsuit against AT&T, accusing the telecommunications giant of negligence and breach of contract. Lawyers representing Alex Petroski of Summit County, Ohio, argued that the cyberattack could have been avoided and that AT&T's security failed to protect customer data. 

Until more details of AT&T's investigation arise, here's what customers should know about the most recent data breach.

How many people were impacted by the AT&T data breach?

AT&T said the breach on Saturday affects about 7.6 million current and 65.4 million former AT&T customers. 

What type of information was taken from AT&T?

AT&T said Saturday that a dataset found on the  dark web contains information such as Social Security and passcodes. Unlike passwords, passcodes are numerical PINS that are typically four-digits long. Full names, email addresses, mailing addresses, phone numbers, dates of birth and AT&T account numbers may have also been compromised, the company said. The impacted data is from 2019 or earlier and does not appear to include financial information or call history, it added.

Was my information affected by the AT&T data breach?

Consumers impacted by this breach should be receiving an email or letter directly from AT&T about the incident. The email notices began going out on Saturday, an AT&T spokesperson  confirmed .

What has AT&T done so far to help customers?

Beyond notifying customers, AT&T said that it had already reset the passcodes of current users. The company also said it would pay for credit-monitoring services where applicable.

What's the latest with AT&T's investigation into the breach?

AT&T hasn't disclosed details about its investigation into the data breach, but it is likely to be time-consuming and costly, according to Kevin Powers, the founding director of the Master of Science in Cybersecurity Policy and Governance Programs at Boston College.

The company will most likely bring in outside computer forensics specialists who will work with its on-site IT staff to determine exactly when and how the hackers got into the customer account information system, Powers said. But identifying the hackers' path of entry will be a big challenge for such a large company.

"You don't know where it came in from," Powers told CBS MoneyWatch, referring to the source of the breach. "It potentially could be from a customer or it could have been done from one of their outside contractors or someone else along their supply chain."

In addition, AT&T will have to scrub any malware out of the software that runs its customer account system, while also keeping the system running for customers who weren't impacted, he said. All these steps will have to be shared with lawyers, the outside consultants, and likely officials from the Federal Trade Commission. 

What's the best way to protect my personal information? 

Start by freezing your credit reports at all three major agencies — Equifax, Experience and TransUnion. Then sign up for 24-7 credit monitoring and enable two-factor authentication on your AT&T account, said WalletHub CEO Odysseas Papadimitriou, a former senior director at Capital One.

If you receive a notice about a breach, it's a good idea to change your password and monitor your account activity for any suspicious transactions. The Federal Trade Commission offers free credit freezes and fraud alerts that consumers can set up to help protect themselves from identity theft and other malicious activity.

—The Associated Press contributed to this report.

Khristopher J. Brooks is a reporter for CBS MoneyWatch. He previously worked as a reporter for the Omaha World-Herald, Newsday and the Florida Times-Union. His reporting primarily focuses on the U.S. housing market, the business of sports and bankruptcy.

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The Vice-President Of India (Articles 63-73)

Last updated on August 19, 2023 by Alex Andrews George

Part V of the Constitution of India under Chapter I (Executive) also discusses about the office of the Vice-President of India. The Vice-President of India is the second highest constitutional office in the country. Read here to learn about the constitutional articles related to the vice president of the country.

Part V of the Constitution of India under Chapter I (Executive) also discusses about the office of the Vice-President of India. The Vice-President of India is the second highest constitutional office in the country. He serves for a five-year term but can continue to be in office, irrespective of the expiry of the term, until the successor assumes office.

Table of Contents

Vice President of India

The Vice-President of India is the second highest constitutional office in the country. He serves for a five-year term but can continue to be in office, irrespective of the expiry of the term, until the successor assumes office.

The Constitution is silent on who performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President of India, before the expiry of his term, or when the Vice-President acts as the President of India. The only provision in the Constitution is about the Vice-President’s function as the Chairperson of the Council of States (Rajya Sabha), which is performed, during the period of such vacancy, by the Deputy Chairperson of the Rajya Sabha, or any other member of the Rajya Sabha authorized by the President of India.

The Vice-President may resign his office by submitting his resignation to the President of India. The resignation becomes effective from the day it is accepted.

The Vice-President can be removed from office by a resolution of the Council of States (Rajya Sabha), passed by a majority of its members at that time and agreed to by the House of the People (Lok Sabha). A resolution for this purpose may be moved only after a notice of at least a minimum of 14 days has been given of such an intention.

Learn more from: ClearIAS Study Materials

Vice President of India And The Constitution

Let’s see articles 63-73 which deal with the qualifications, election, and removal of Vice-President of India.

Article 63: The Vice-President Of India

There shall be a Vice-President of India.

Article 64: The Vice-President to be ex-officio Chairman of the Council of States

The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any other office of profit:

Provided that during any period when the Vice-President acts as President or discharges the functions of the President under Article 65, he shall not perform the duties of the office of Chairman of the Council of States and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article 97.

Article 65: The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or the absence, of the President

(1) In the event of the occurrence of any vacancy in the office of the President because of this death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President is elected by the provisions of this Chapter to fill such vacancy enters upon his office.

(2) When the President is unable to discharge his functions owing to absence, illness, or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.

(3) The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President have all the powers and immunities of the President and be entitled to such emoluments, allowances, and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

Article 66: Election of Vice-President

(1) The Vice-President shall be elected by the members of an electoral college consisting of the members of both Houses of Parliament by the system of proportional representation using a single transferable vote and the voting at such election shall be by secret ballot.

(2) The Vice-President shall not be a member of either House of Parliament or a House of the Legislature of any State, and if a member of either House of Parliament or a House of the Legislature of any State is elected Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Vice-President.

(3) No person shall be eligible for election as Vice-President unless he – (a) is a citizen of India; (b) has completed the age of thirty-five years; and (c) is qualified for election as a member of the Council of States.

(4) A person shall not be eligible for election as Vice-President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.

Explanation: For this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor of any State or is a Minister either for the Union or for any State.

Article 67: Term of office of Vice-President

The Vice-President shall hold office for a term of five years from the date on which he enters his office:

Provided that – (a) A Vice-President may, by writing under his hand addressed to the President, resign his office; (b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People, but no resolution for this clause shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution; (c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters his office.

Article 68: Time of holding election to fill a vacancy in the office of Vice-President and the term of office of the person elected to fill a casual vacancy

(1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be completed before the expiration of the term.

(2) An election to fill a vacancy in the office of Vice-President occurring because of his death, resignation or removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected to fill the vacancy shall, subject to the provisions of article 67, be entitled to hold office for the full term of five years from the date on which he enters upon his office.

Article 69: Oath or affirmation by the Vice-President

Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed on that behalf by him, an oath or affirmation in the following form, that is to say – “I, A.B., do swear in the name of God /solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will discharge the duty upon which I am about to enter.”

Article 70: Discharge of President’s functions in other contingencies

Parliament may make such provision as it thinks fit for the discharge of the functions of the President in any contingency not provided for in this Chapter.

Article 71: Matters relating to, or connected with, the election of a President or Vice-President

(1) All doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court whose decision shall be final. (2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or Vice-President, as the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated because of that declaration. (3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or connected with the election of a President or Vice-President. (4) The election of a person as President or Vice-President shall not be called into question on the ground of the existence of any vacancy for whatever reason among the members of the electoral college electing him.

Article 72: Power of President to grant pardons, etc., and to suspend, remit, or commute sentences in certain cases

(1) The President shall have the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit or commute the sentence of any persons convicted of any offense – (a) in all cases where the punishment or sentence is by a Court Martial; (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 of a State under any law for the time being in force.

Article 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 concerning which Parliament has the power to make laws; and (b) to the exercise of such rights, authority, and jurisdiction as are exercisable by the Government of Indiabyf 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 any law made by Parliament, extend in any State to matters concerning which the Legislature of the State has also the 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 concerning which Parliament has the 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.

Info-Bits related to the Vice-President of India

The office of the Vice-President of India is special because of multiple reasons. It would be interesting to explore the constitutional provisions related to the VP of India. Try, if you can find the answers to the following questions, yourself.

• Can the Vice-President of India continue to be in office irrespective of the expiry of his term of 5 years?
• Who performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President of India, before the expiry of his term?
• Who performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President of India when the Vice-President acts as the President of India?
• Who performs the Vice-President’s function as the Chairperson of the Council of States (Rajya Sabha) when a vacancy occurs in the office of the Vice-President of India?
• Salary for Vice-President for his role as Vice-President of India?
• Salary for Vice-President for his role as ex-officio Chairperson of the Council of States (Rajya Sabha)?
• Salary for Vice-President when Vice-President acts as President of India?
• Can nominate members to participate in the election and removal process of the Vice President?
• Vice-President is neither an elected nor nominated member of the Rajya Sabha. But being the chairman of Rajya Sabha, can he cast a vote?
• How can the Vice-President of India remove from his office?
• Can the Vice-President of India continue to be in office irrespective of the expiry of his term of 5 years? Ans: Yes. Until the successor assumes office.
• Who performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President of India, before the expiry of his term? Ans: The Constitution is silent on this matter.
• Who performs the duties of the Vice-President, when a vacancy occurs in the office of the Vice-President of India when the Vice-President acts as the President of India? Ans: The Constitution is silent on this matter.
• Who performs the Vice-President’s function as the Chairperson of the Council of States (Rajya Sabha) when a vacancy occurs in the office of the Vice-President of India? Ans: Deputy Chairperson of the Rajya Sabha, or any other member of the Rajya Sabha authorized by the President of India.
• Salary for Vice-President for his role as Vice-President of India? Ans: No salary for the role of Vice-President. Salary is for the role of ex-officio Chairperson of the Council of States (Rajya Sabha).
• Salary for Vice-President for his role as ex-officio Chairperson of the Council of States (Rajya Sabha)? Ans: Rs.1.25 lakhs.
• Salary for Vice-President when Vice-President acts as President of India? Ans: He will get the salary of the Indian President, ie Rs.1.5 lakh. But he will stop getting the salary of the ex-officio chairman of Rajya Sabha.
• Can nominate members to participate in the election and removal process of the Vice President? Ans: Yes. (NB: For the Presidential election nominated members cannot participate.)
• Vice-President is neither an elected nor nominated member of the Rajya Sabha. But being the chairman of Rajya Sabha, can he cast a vote? Ans: Yes. The Chairman has a casting vote in the case of an equality of votes.
• How can the Vice-President of India remove from his office? Ans: Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People, but no resolution for this clause shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

Removal of Vice-President of India

Aspirants are requested to note a mistake that you might find in many textbooks on Indian Polity, under the topic ‘Removal of the Vice-President of India’. I have seen textbooks mentioning that the removal of Vice-President needs an absolute majority (half of the total strength of the house). But this cannot be right.

Let’s check once again what is mentioned in Constitution, Article 67(b).

A Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.

Let’s see what is the importance of the word “then” here. Suppose the present strength of the Rajya Sabha is 245 seats. And if 45 seats are vacant, then the strength of the house gets reduced to 200. So a majority of all the  then members of the Council means that the removal of the Vice-President needs the approval of  101 Rajay Sabha MPs.

As shown above, this majority is not an Absolute Majority (Total Strength of the House), but an Effective Majority (Total Strength of the House – Vacancies). Whether the phrase “a majority of all the then members of the Council” can be interpreted as a Simple Majority (Majority among those who are present and voting) is a matter of debate. But anyways, the removal does not need an absolute majority or special majority. It can be said that resolution for the removal of Vice-President requires an effective majority in Rajya Sabha and a simple majority in Loksabha.

NB: President’s impeachment resolution requires a special majority (2/3rd of the total strength of the house) at both houses to get itself passed.

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Reader Interactions

June 6, 2016 at 3:18 pm

For how long a vice president can be a president?

June 16, 2016 at 8:54 pm

since the vacancy of the president should be filled with in six months according to article-62, so a vice president can be a president upto maximum six months

June 29, 2016 at 5:08 am

5 years…..from the day he enters upon his office

December 14, 2017 at 5:26 pm

June 3, 2018 at 4:39 pm

July 13, 2021 at 12:35 pm

It can’t be president , it will only ACT AS PRESIDENT for 6 months after the vacancy of president post. In that 6 months , A new president is elected.

August 4, 2021 at 5:44 pm

He can be elected for uncountable time

October 16, 2021 at 6:56 pm

6 months max

March 29, 2022 at 4:37 pm

6 months After 6 months Election will be elected.

July 5, 2023 at 4:40 pm

after the end of his or her tenure of 5 years he or she can acts as a president beyond next 5 years

September 12, 2016 at 1:29 am

When vice president is acting as a president.. Then in his absence ( when he is not performing the duties of the office of Chairman of the Council of States ) who will look over the council..???

November 12, 2016 at 11:57 pm

Deputy president of India

January 27, 2022 at 11:50 pm

Chife justice of india or in absence means senior-most judge of the supreme court by acting to fill the vacancy temporarily under Discharge of functions act 1969

December 3, 2016 at 11:49 am

Deputy chairman or any other person prescribed by parliament

August 12, 2020 at 10:04 am

for 6 months within six months election must held for president

February 16, 2017 at 4:53 pm

Nice blogggg

April 12, 2017 at 2:34 am

In case if Vp assume or discharges the duty of president just for few day (SAY 2/3).is Vp still entitle the salary and allowance of president.? If so, then how dey are going to fixed. Is it a month salary that he deserve for that few days only. ?

August 10, 2017 at 11:35 am

Very well explained…thanks !

August 27, 2017 at 3:55 pm

Question : In which position The vice President should stand in the presence of The President

August 4, 2021 at 5:45 pm

March 12, 2018 at 4:03 pm

What does this means that VP should be qualified as mmbr of RS and President as LS .WHAT is the difference between qualification of LS and RS

April 18, 2018 at 4:09 pm

If president is absent due to other reasons( bad health), then v.president can act as a president.but what is the max.time limit ? They don’t mention it in any article.they mentioned that he can act as president until president resumes his duty. what if because of bad health president is ill for more than 6 months?

February 2, 2021 at 11:50 pm

This case states that the president must have some serious health issue … 1. The president will resign his office 2. Vice president will continue his duty as president 3. Till now no such case has arisen.. 4.and also the constitution is silent about this matter…

July 12, 2018 at 12:11 pm

Very well explained.. thank you

October 1, 2018 at 10:44 pm

How the removal of vice president is done when he is acting as a president??

January 19, 2019 at 2:53 pm

Nice content in the particuler topic Thanx sir

January 20, 2019 at 1:37 am

Why the majority required for removal of vice president is different for both the houses?

January 27, 2019 at 9:51 am

Sir, Does VP takes oath to take charge of President during President’s absence?

March 18, 2021 at 2:00 am

Yes,any person discharging duty of a president will have to take oath before entering the office

May 21, 2019 at 1:32 pm

Is vice-president a member of rajya sabha?

August 8, 2020 at 10:06 am

July 31, 2022 at 4:43 pm

March 20, 2024 at 6:51 am

Here you mentioned salery of president is 1.25 lacks but now president’s salery has been increased to 5 lack rupees per month.

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CONSTITUTIONALITY OF ARTICLE 73 OF THE INDIAN CONSTITUTION

Oct. 06, 2020   •   Suryasikha Ray

Profile of the Author: Bhakti Vakil is pursuing B.A. LL.B (Hons.) 5th year from Prestige Institute of Management and Research, Department of Law, Indore. Her areas of interest include constitutional law, civil law, corporate law and intellectual property law.

INTRODUCTION

India, being a federal country, there exist a division of power between the central and state governments, which has its pros, and cons. The executive power of the Union is vested in President[i], pertaining to the Constitution of India. Before exploring the nature and extent, it is important to know what constitutes executive and what exactly the executive powers are. Under Constitution of India, executive is divided into Union Executive enumerated in Part V Article 72 to 78 and State Executive, enumerated in Part VI Article 153 to 167.

The true meaning of the term “executive functions” has not been defined in the Constitution since they are ‘residue of the function’ after legislative and judicial functions have been taken away. In literal sense, it means execution of law; in addition to that it connotes “maintenance of public order, the management of Crown property and nationalized industries and services, the direction of foreign policy, the conduct of military operations, and the provision or supervision of such services as education, public health, transport, and state assistance and insurance".[ii] The vagueness of the definition creates conundrum about what extent of executive power can be exercised by Union. However, Article 73 act as shell and helps to conceptualize the scope of executive power.

WHAT IS ARTICLE 73?

Article 73 is about Extent of executive power of Union. It states that

“(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 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.”

The first clause implies that the executive power is competent on matters on which Union legislature has competence.[iii] Sub-clause (b) thereof provides that it extend ‘to the exercise of such rights, authority and jurisdiction as are exercisable by the government of India by virtue of any treaty or agreement’. True, this necessarily depicts that matters on which Parliament has no power to make laws are also matters on which the Union government cannot exercise its executive powers. However, does that mean there must be Parliamentary law before the Union government can exercise its power? No, it is not necessarily true, this is reductio ad absurdum [iv]. Executive can make rules irrespective of the absence of law as held in Rai Sahib Ram Jawaya Kapur and Ors. v. The State of Punjab. [v]

The executive power extends to matters with respect to which Parliament has the power to make laws, does not extend in any state to matters with respect to which the legislature of the State has also the power to make laws. This is about the concurrent list, wherein both state and union has power to make laws but the executive power remains with the State unless the Constitution or any other law expressly provided otherwise.

CONCERNS TO BE ADDRESSED

Referring to sub-clause (b) of Article 73(1), the executive power of Union extends to exercising rights pertaining to any treaty or agreement as it is exercisable by the Government of India. If read with entry 14 of List I of Schedule VII of Constitution of India, treaty-making is an inherent power of Union, since there are no legislative Acts for the same, executive can discharge any policies without legislative sanctions?[vi]

It can be said that Parliament is competent to make law regarding treaty-making but all the powers are exclusively given to the executive, why? By the virtue of Article 73, executive power extends to Union, even in the absence of law that means power to accept or reject treaties or agreement is left with the executive. Clearly, there has not been any law made by Parliament which regulates the manner of ratifying or signing the treaty. Hence, the power to discharge and the manner in which the treaty is adopted is also left with Executive. The Government entering into treaty without consulting to Parliament, doesn’t mean taking advantage of Article 73?

Hence, it is matter of concern as these policies and treaties have such serious repercussion on the lives of the citizens of the country that neither Parliament nor the people of the country were taken into confidence. It is therefore, essential to control the power of Executive in the subject of treaties and agreement.

Therefore, Article 73 does give power to the Union but restrict to use it according to their whims and fancies. The prime responsibility of the executive is to implement the law and transmission of policy into law. The executive function includes both determination of the policy as well as carrying it into execution. Hence, it plays an important role as even without legislation, executive need to function though temporarily.

FREQUENTLY ASKED QUESTION (FAQS)

• Does Article 73 intrudes with the legislative power of Union and State?

No, Article 73 signifies the extent up to which executive power of the Union can be exercised. It supplements to the legislative power of the union and of the state, as in the absence of any law also it exercises its function. It can issue temporary guidelines, notification or any such notice on such subject matter, which is outside the radar of legislation. Later it can even become law.

• Under concurrent List, both Union and State has power to make laws. If Article 245 is read with Article 73, then does the Parliament not discharge its function to executive?

Article 245 empowers the Parliament and Legislature of State to make laws, depending on the geographical aspect. Article 245 does not talk about the subject matter, whereas Article 73 empowers state to make laws with respect to concurrent list, unless expressly provided otherwise by any law.

[i] The Constitution of India, 1949, Art. 53

[ii] Halsbury’s Law of England (3rd edn. 1964) vol. 7, page 192

[iii]‘'Extent of Executive Powers in Indian Constitution' (LawTeacher.net, October 2020) <https://www.lawteacher.net/free-law-essays/constitutional-law/extent-of-executive-powers-in-indian-constitution-constitutional-law-essay.php?vref=1> accessed 3 October 2020

[iv] Reduction to absurdity, means characterizing an opposing argument in such a way that is it seems to be ridiculous or the consequence of the position seem ridiculous

[v] Rai Sahib Ram Jawaya Kapur and Ors. V The State of Punjab (1955) AIR 1955 SC 549

[vi] Ashutosh Pandey, ‘Is executive power coextensive with the legislative power?” – Constitutional Provisions and Judicial Exposition (Lawlex.org, October 2020) <https://lawlex.org/lex-pedia/is-executive-power-coextensive-with-the-legislative-power-constitutional-provisions-and-judicial-expositions/16451#_ftn3> accessed 3 October 2020

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AT&T says a data breach leaked millions of customers’ information online. Were you affected?

FILE - The sign in front of an AT&T retail store is seen in Miami, July 18, 2019. The theft of sensitive information belonging to millions of AT&T’s current and former customers has been recently discovered online, the telecommunications giant said Saturday, March 30, 2024. In an announcement addressing the data breach, AT&T said that a dataset found on the dark web contains information including some Social Security numbers and passcodes for about 7.6 million current account holders and 65.4 million former account holders. (AP Photo/Lynne Sladky, File)

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NEW YORK (AP) — The theft of sensitive information belonging to millions of AT&T’s current and former customers has been recently discovered online, the telecommunications giant said this weekend.

In a Saturday announcement addressing the data breach, AT&T said that a dataset found on the “dark web” contains information including some Social Security numbers and passcodes for about 7.6 million current account holders and 65.4 million former account holders.

Whether the data “originated from AT&T or one of its vendors” is still unknown, the Dallas-based company noted — adding that it had launched an investigation into the incident. AT&T has also begun notifying customers whose personal information was compromised.

Here’s what you need to know.

WHAT INFORMATION WAS COMPROMISED IN THIS BREACH?

Although varying by each customer and account, AT&T says that information involved in this breach included Social Security numbers and passcodes — which, unlike passwords, are numerical PINS that are typically four digits long.

Full names, email addresses, mailing address, phone numbers, dates of birth and AT&T account numbers may have also been compromised. The impacted data is from 2019 or earlier and does not appear to include financial information or call history, the company said.

HOW DO I KNOW IF I WAS AFFECTED?

Consumers impacted by this breach should be receiving an email or letter directly from AT&T about the incident. The email notices began going out on Saturday, an AT&T spokesperson confirmed to The Associated Press.

WHAT ACTION HAS AT&T TAKEN?

Beyond these notifications, AT&T said that it had already reset the passcodes of current users. The company added that it would pay for credit monitoring services where applicable.

AT&T also said that it “launched a robust investigation” with internal and external cybersecurity experts to investigate the situation further.

HAS AT&T SEEN DATA BREACHES LIKE THIS BEFORE?

AT&T has seen several data breaches that range in size and impact over the years .

While the company says the data in this latest breach surfaced on a hacking forum nearly two weeks ago, it closely resembles a similar breach that surfaced in 2021 but which AT&T never acknowledged, cybersecurity researcher Troy Hunt told the AP Saturday.

“If they assess this and they made the wrong call on it, and we’ve had a course of years pass without them being able to notify impacted customers,” then it’s likely the company will soon face class action lawsuits, said Hunt, founder of an Australia-based website that warns people when their personal information has been exposed.

A spokesperson for AT&T declined to comment further when asked about these similarities Sunday.

HOW CAN I PROTECT MYSELF GOING FORWARD?

Avoiding data breaches entirely can be tricky in our ever-digitized world, but consumers can take some steps to help protect themselves going forward.

The basics include creating hard-to-guess passwords and using multifactor authentication when possible. If you receive a notice about a breach, it’s good idea to change your password and monitor account activity for any suspicious transactions. You’ll also want to visit a company’s official website for reliable contact information — as scammers sometimes try to take advantage of news like data breaches to gain your trust through look-alike phishing emails or phone calls.

In addition, the Federal Trade Commission notes that nationwide credit bureaus — such as Equifax, Experian and TransUnion — offer free credit freezes and fraud alerts that consumers can set up to help protect themselves from identity theft and other malicious activity.

AP Reporter Matt O’Brien contributed to this report from Providence, Rhode Island.

April 2, 2024, update for Outlook 2016 (KB5002574)

This article describes update 5002574 for Microsoft Outlook 2016 that was released on April 2, 2024. 

Be aware that the update in the Microsoft Download Center applies to the Microsoft Installer (.msi)-based edition of Office 2016. It doesn't apply to the Office 2016 Click-to-Run editions, such as Microsoft Office 365 Home. (See What version of Office am I using? )

Improvements and fixes

Introduces a new group policy to block the external card loop feature. The following three states are created for the new policy to make sure that Outlook follows the policy setting:

Don’t show automatically

Only show automatically within tenant

Always show automatically

Fixes an issue in which the Group Policy Editor (gpedit.msc) doesn’t load correctly after you create a new policy for the blocked external card loop.

How to download and install the update

Microsoft update.

Use  Microsoft Update  to automatically download and install the update.

Download Center

This update is also available for manual download and installation from the Microsoft Download Center.

Download update 5002574 for 32-bit version of Outlook 2016

Download update 5002574 for 64-bit version of Outlook 2016

If you're not sure which platform (32-bit or 64-bit) you're running, see  Am I running 32-bit or 64-bit Office?  Additionally, see  more information about how to download Microsoft support files .

Virus-scan claim

Microsoft scanned this file for viruses by using the most current virus-detection software that was available on the date that the file was posted. The file is stored on security-enhanced servers that help prevent any unauthorized changes to it.

Update information

Prerequisites.

To apply this update, you must have Microsoft Outlook 2016 installed.

Restart information

You might have to restart the computer after you install this update.

More information

How to uninstall this update.

Windows 11 and Windows 10

Go to  Start , enter  Control Panel  in the search box, and then press Enter.

In the Control Panel search box, enter  Installed Updates .

In the search results, select  View installed updates .

In the list of updates, locate and select  KB5002574 , and then select  Uninstall .

File information

The English (United States) version of this software update installs files that have the attributes that are listed in the following tables. The dates and times for these files are listed in Coordinated Universal Time (UTC). The dates and times for these files on your local computer are displayed in your local time together with your current daylight saving time (DST) bias. Additionally, the dates and times may change when you perform certain operations on the files.

Learn about the standard  terminology  that is used to describe Microsoft software updates.

The  Office System TechCenter contains the latest administrative updates and strategic deployment resources for all versions of Office.

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Pellegrini wins Slovak presidential election in boost for pro-Russian PM Fico

• Pellegrini to replace liberal Caputova
• Fico's government criticised for blunting rule of law
• Opposition candidate Korcok concedes, accuses Pellegrini of spreading fear

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Reporting by Eva Korinkova in Bratislava, Radovan Stoklasa in Senec and Jan Lopatka in Prague; Writing by Jan Lopatka in Prague; Editing by Alison Williams, Giles Elgood, Alistair Bell and Andrea Ricci

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Gaza still hungry as aid trickles in before Eid festival

A boy staggered between tents in a Gaza displaced camp on Monday, his arms around a cardboard box of aid ahead of Islam's Eid al-Fitr festival, six months into an Israeli air and ground campaign that has devastated the Palestinian enclave.

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