Actual Article
Article 373: Power of President to make order in respect of persons under preventive detention in certain cases
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 President may by order make provision for the detention of persons in the circumstances specified in sub-clause (a) and sub-clause (b) of clause (4) of the said article, and any order so made shall have effect as if enacted by Parliament.
UPSC Notes for Article 373
Explanation:
- Preventive Detention Power: Article 373 grants the President the power to make orders for the detention of persons under preventive detention in specific circumstances, as outlined in Article 22(4)(a) and 22(4)(b).
- Temporary Provision: This power is temporary, lasting either until Parliament enacts legislation under Article 22(7) or for one year from the commencement of the Constitution, whichever is earlier.
- Parliamentary Equivalence: Any order made by the President under this article is considered as if it were enacted by Parliament.
Key Points:
- Temporary Presidential Power: Provides a stopgap measure for preventive detention until Parliament legislates on the matter.
- Alignment with Article 22: Ensures that the preventive detention provisions align with the protections and procedures outlined in Article 22.
- Parliamentary Authority: Emphasizes the eventual transfer of this power to Parliament for long-term regulation.
Important Cases and Commissions Related to Article 373
Cases:
- No landmark Supreme Court cases specifically interpreting Article 373, as it was intended as a temporary provision and used for a limited period.
Commissions:
- Various Law Commissions: Have reviewed preventive detention laws and their compliance with constitutional provisions.
Important Reports Related to Article 373:
- Law Commission Reports: Discuss the development and impact of preventive detention laws and their alignment with constitutional safeguards.
Previous Year Prelims Questions Related to Article 373
- What does Article 373 of the Indian Constitution provide for?
A. Special provisions for the Scheduled Tribes in Nagaland
B. Power of the President to make orders for preventive detention
C. Financial emergency provisions
D. Powers of the Supreme Court during an emergency Correct Answer: B. Power of the President to make orders for preventive detention - Under Article 373, how long does the President have the power to make orders for preventive detention?
A. Until Parliament enacts legislation under Article 22(7) or one year from the commencement of the Constitution, whichever is earlier
B. Indefinitely
C. Only during a national emergency
D. For five years from the commencement of the Constitution Correct Answer: A. Until Parliament enacts legislation under Article 22(7) or one year from the commencement of the Constitution, whichever is earlier - How are orders made by the President under Article 373 treated?
A. As if they were decrees of the Supreme Court
B. As if they were recommendations of the Prime Minister
C. As if they were enacted by Parliament
D. As if they were directives from the Governor Correct Answer: C. As if they were enacted by Parliament
Previous Year Mains Questions Related to Article 373
- Discuss the significance of Article 373 in the context of preventive detention. How does this provision ensure legal continuity and alignment with Article 22 until Parliament legislates on the matter?
- Evaluate the role of the President under Article 373 in making orders for preventive detention. How does this temporary power reflect the balance between executive authority and legislative oversight?
- Analyze the impact of Article 373 on the legal framework for preventive detention in India. How did this provision address the need for immediate legal measures while awaiting parliamentary legislation?
Additional Insights:
- Transitional Measure: Article 373 serves as a transitional measure, ensuring that preventive detention provisions are in place until Parliament can legislate on the matter.
- Legal Continuity: Provides a mechanism for maintaining legal continuity and order during the early period of the Constitution’s implementation.
- Executive-Legislative Balance: Reflects the balance between the need for immediate executive action and the long-term legislative oversight required for preventive detention laws.
Understanding Article 373 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for maintaining legal continuity and order through preventive detention measures until Parliament enacts specific legislation. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the balance between executive authority and legislative oversight within the Indian Constitution.