Article 373 of the Indian Constitution grants the President of India the authority to make orders concerning persons placed under preventive detention in specific cases. This provision comes into play in the absence of legislation enacted by the Parliament, as mandated by Article 22(7). Until such legislation is enacted or until one year from the commencement of the Constitution, whichever comes first, Article 373 allows the President to exercise the powers typically attributed to Parliament as outlined in Article 22(4) and (7). This transitional measure ensures that preventive detention matters are addressed until formal parliamentary legislation is in place, highlighting the importance of safeguarding individual rights and freedoms within the legal framework of the Indian Constitution.
What does Article 373 states?
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 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 Parliament in those clauses there were substituted a reference to an order made by the President
Key Aspect of Article 373
- Context and Aim: Article 373 of the Indian Constitution is a transitional clause. It is intended to address the predicament that existed at the time the Constitution was adopted, particularly with regard to preventative detention. The term “preventive detention” describes the arrest and custody of somebody in order to stop them from taking specific actions that are deemed detrimental to the public order or security. It is a legal action frequently used in unusual situations.
- Article 22 is mentioned: The Indian Constitution‘s Article 22 addresses protections against incarceration under preventative laws. It establishes a few safeguards for people arrested under preventive detention legislation, including the right to legal representation and the right to know the reasons for imprisonment.
- Temporary Delegation of Powers: Article 373 gives the President of India temporary authority to issue orders relating to preventative detention. According to Article 22(4) and (7), this power transfer takes the place of the Parliament. In essence, the President may wield the powers ordinarily delegated to Parliament in these particular provisions of Article 22 until Parliament enacts laws to govern preventative detention.
- Time Limit: Article 373 establishes a deadline. It specifies that until either Parliament enacts the appropriate laws under Article 22(7) or one year has passed since the Constitution’s inception, whichever comes first, this temporary arrangement shall be in place. As a result, the President’s power is temporally constrained and Parliament is compelled to provide a thorough legal framework for preventative detention.
- Protection of Individual Rights: The addition of Article 373 emphasizes the significance of defending individual rights, even in situations of preventative detention. It illustrates the framers’ purpose to ensure that preventive detention is subject to judicial and constitutional checks and balances and that the executive authority, in this case, the President, does not have unrestricted discretion in such matters.
Article 373 of the Indian Constitution gives the President temporary authority to issue orders pertaining to individuals held in preventive detention until either Parliament enacts legislation in accordance with Article 22(7) or until one year after the Constitution’s start date, whichever comes first. This temporary measure is a monument to the constitutional commitment to uphold individual rights even in unusual situations like preventative detention while requiring the government to build a more thorough legislative framework.