What is Article 373 of Indian Constitution – Defination & Meaning

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
📅 Part XXI – Temporary, Transitional and Special Provisions
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📚 UPSC Relevant

Article Number

373

part

Part XXI – Temporary, Transitional and Special Provisions

Status

Active

Bare Acts Text

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 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.
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Full Definition & Explanation

Article 373 of the Indian Constitution gives the President special powers concerning preventive detention. Preventive detention means holding someone in custody without a trial. This article allows the President to issue orders relating to detention until Parliament makes specific laws under Article 22. Preventive detention is generally used in cases where the government believes that a person poses a threat to national security or public order. The article came into effect when the Constitution was adopted in 1950, and it was intended to manage situations where immediate action was necessary. The article affects individuals who may be viewed as a danger to society, such as those involved in terrorism or organized crime. However, it also has raised concerns about human rights. This is because preventive detention can lead to misuse, where individuals are detained without proper legal proceedings. Critics argue that it can undermine civil liberties. It was designed as a temporary measure, meaning that Parliament must create laws to govern preventive detention within one year of the Constitution coming into force. Real-world impact is seen in various situations where preventive detention has been applied. For example, during times of unrest or conflict, governments have utilized preventive detention to maintain order. However, the balance between security and individual rights remains a contentious issue. The President’s powers under this article are to be exercised with caution, keeping in mind the necessity to protect citizens while also respecting their freedoms. Overall, Article 373 plays a critical role in India’s approach to national security and civil rights.

Historical Context

Article 373 was included in the Indian Constitution when it was enacted in 1950. Constituent Assembly debates highlighted the need for such provisions in times of emergency. The framers discussed how quick action might be required to maintain public order. Article 22, which governs preventive detention, also reflects these concerns. The article has not been amended since its inception, underscoring the ongoing debate over preventive detention’s implications on individual rights and security. Landmark Supreme Court cases like ‘A.K. Gopalan vs. State of Madras’ (1950) scrutinized this article’s validity and its impact on personal liberty, emphasizing the delicate balance between state power and individual freedoms.

Key Features

– Article 373 empowers the President to order preventive detention when necessary.
– It applies until Parliament legislates specific laws under Article 22.
– The article aims to protect national security from potential threats.
– Preventive detention allows for holding individuals without immediate trial.
– The President’s power is temporary, lasting one year after the Constitution.

Importance & Impact

– It allows the government to act promptly against perceived threats to society.
– The article was designed as a temporary measure for urgent situations.
– This article attempts to balance the protection of rights and security.
– Preventive detention raises concerns regarding potential human rights violations
– Parliament must create laws to regulate preventive detention within a year.

Sample UPSC Question

Consider the following statements regarding Article 373 of the Indian Constitution: 1. It empowers the President to order preventive detention without trial. 2. This power remains effective until Parliament legislates under Article 22. 3. Preventive detention laws can be applied indefinitely without any restrictions. Which of the statements is/are correct? A) 1 and 2 only B) 2 and 3 only C) 1 and 3 only D) 1, 2, and 3. Discuss the implications of preventive detention and its role in ensuring national security.

Answer

The correct answer is A) 1 and 2 only. Article 373 indeed allows the President to order preventive detention temporarily until Parliament legislates specific laws. The other options are incorrect because preventive detention cannot be applied indefinitely without legislation, ensuring a check on executive power.

Key Takeaways

✓ Article 373 grants the President power over preventive detention matters.
✓ It is a temporary provision until specific laws are enacted by Parliament.
✓ This article aims to protect citizens while managing national security.
✓ Preventive detention has the potential to infringe on personal freedoms.
✓ Parliament is responsible for creating laws within one year of implementation.

FAQs

Preventive detention allows the government to hold individuals without trial if they are considered a threat to public order or national security. This provision is applied in exceptional situations. For example, it can be used during riots or terrorism threats, but it raises concerns regarding personal freedoms and human rights.

This is because preventive detention can lead to misuse, where individuals are detained without proper legal proceedings. Critics argue that it can undermine civil liberties. It was designed as a temporary measure, meaning that Parliament must create laws to govern preventive detention within one year of the Constitution coming into force.

However, the balance between security and individual rights remains a contentious issue. The President’s powers under this article are to be exercised with caution, keeping in mind the necessity to protect citizens while also respecting their freedoms. Overall, Article 373 plays a critical role in India’s approach to national security and civil rights.

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Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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