The Constitution of India
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.
Why this exists
When the Constitution commenced on 26 January 1950, Parliament had not yet had time to pass a detailed law under Article 22(7) governing preventive detention (how long someone could be held without trial, and what safeguards applied). Article 373 was a stop-gap: it let the President temporarily step into Parliament's shoes so that preventive detention could still function with some legal basis while Parliament prepared permanent legislation. It automatically expired after one year or once Parliament acted, whichever came first.
Common misconceptions
- Myth: Article 373 still lets the President act instead of Parliament on preventive detention today.
Fact: It was a one-time transitional rule that expired either when Parliament passed the relevant law or after one year from the Constitution's commencement (26 January 1950), whichever came first. It has no ongoing effect now.