Constitution of India · Section Article 373
Power of President to make order in respect of persons under preventive detention in certain cases
Article 373 — Power of President to make order in respect of persons under preventive detention in certain cases
- 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 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.
Plain English Summary
This article deals with the President's power to issue orders regarding preventive detention for certain individuals. Until Parliament makes specific rules, this power is exercised by the President directly through an order, rather than requiring a specific law passed by Parliament for every action.
Key Points
- The President has the power to make orders concerning preventive detention in specific situations.
- This provision remains in effect until Parliament enacts specific provisions regarding this matter (under Article 22(7)) or one year after the Constitution came into force.
- References to Parliament making laws in certain clauses are now replaced by references to an order made by the President.
Why It Matters
It establishes a mechanism for the executive branch (the President) to take immediate action regarding detention, which is crucial for maintaining public order and security.
Landmark Judgements
No major landmark judgements.