Article 373 Simplified: Power of President to make order in respect of persons under preventive detention in certain cases

Official Text

Until provision is made by Parliament under clause (7) of article 22, or until the expiration of one year from the commencement of this Constitution, whichever is earlier, the said article shall have effect as if for any reference to Parliament in clauses (4) and (7) thereof there were substituted a reference to the President and for any reference to any law made by Parliament in those clauses there were substituted a reference to an order made by the President.

Simple Meaning

Article 373 gave the President temporary authority for the first year of the Constitution (until 1951) to make orders regarding preventive detention (detaining someone to prevent them from committing a crime) before Parliament could pass a permanent law. This ensured that the government could maintain national security during the transition.

Explain Like Ten

Before the new Parliament could meet to write laws about keeping dangerous suspects locked up to prevent crime, this rule let the President write temporary security rules for up to one year.

Student Mode

Article 373 acted as a temporary bridge for Article 22 (Preventive Detention protections). It provided that until Parliament could legislate under Article 22(7), or until one year from the commencement of the Constitution (whichever came earlier), the President could issue executive orders regarding detention rules, advisory board exemptions, and maximum detention periods.

Example

In 1950, before Parliament had time to meet and pass the Preventive Detention Act, the President signed an executive order under Article 373 setting up the rules and duration for detaining individuals suspected of anti-national activities.

Key Takeaway

Granted the President temporary power for up to one year to issue orders on preventive detention until Parliament enacted standard laws.

FAQs

What happens under preventive detention?

It is the detention of a person without trial, not for a past crime, but to prevent them from committing future acts that could threaten national security or public order. The Constitution provides strict safeguards under Article 22.

Why was the President given this power under Article 373 instead of Parliament?

In January 1950, the first elected Parliament had not yet met. Since national security could not wait, this article allowed the President to handle urgent security regulations until the legislature was established.

Quiz

Which article's legislative authority was temporarily exercised by the President under Article 373?

Answer: Article 22

How long was the maximum duration of the President's temporary power under Article 373?

Answer: 1 year

Related Topics

• Article 22
• Article 372