Executive Power in the Concurrent List: Who Holds It?

The Indian Constitution divides the powers of the government into three lists: Union List, State List, and Concurrent List. The Union List includes subjects that only the Parliament can legislate upon, while the State List includes subjects that only the state legislature can legislate upon. The Concurrent List includes subjects that both the Parliament and the state legislature can legislate upon.

However, when it comes to the executive power of a subject in the Concurrent List, it is conferred upon the following entities:

Union Government:

• The Union government holds the executive power of a subject in the Concurrent List when a law made by Parliament applies to the whole or any part of the country.

• The Union government can also exercise executive power in a subject in the Concurrent List under certain circumstances, such as during an emergency or when the state government fails to comply with the law made by Parliament.

State Governments:

• The state government holds the executive power of a subject in the Concurrent List when a law made by the state legislature applies to the state.

• The state government can also exercise executive power in a subject in the Concurrent List under certain circumstances, such as when the law made by Parliament leaves room for the state government to make rules or regulations.

President:

• While the President does not hold the executive power of a subject in the Concurrent List, they do have certain executive powers that relate to the Concurrent List.

• For example, the President can promulgate ordinances on a subject in the Concurrent List if both the Parliament and the state legislature are not in session.

All of the Above:

• In summary, the executive power of a subject in the Concurrent List can be conferred upon the Union government, state governments, and the President, depending on the circumstances and the specific law in question.