Part XXI: Temporary, Transitional and Special Provisions

Article 373: Power of President for Preventive Detention

Original Article:

Article 373 provides the President of India with temporary powers to issue orders related to preventive detention under certain circumstances. The full clause reads:

"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."

Explanations:

Article 373 grants the President temporary authority to issue preventive detention orders until Parliament enacts laws under Article 22(7). This provision addressed transitional needs to ensure immediate implementation of detention policies for national security and public order during the Constitution's early days.

Clause-by-Clause Explanation:

Clause (1): Powers of the President in Absence of Parliamentary Legislation

This clause allows the President to exercise authority in cases of preventive detention if Parliament has not enacted specific legislation under Article 22(7). It replaces references to "Parliament" in Article 22(4) and Article 22(7) with "the President" during this transitional phase.

Legislative History:

Article 373 was included to address the immediate need for preventive detention provisions in post-independence India. It ensured legal continuity and public safety until Parliament could enact appropriate legislation.

Historical Significance:

The provision reflected the Constitution-makers' intent to prioritize national security and public order during India's initial years as a sovereign republic.

Real-life Examples:

During the early post-independence period, Article 373 enabled the executive to address threats such as communal violence and insurgency through preventive detention orders without waiting for legislative enactments.

Debates and Deliberations:

The Constituent Assembly debated the need for transitional powers to ensure the nation’s safety, with members emphasizing the importance of this temporary provision for governance stability.