Power of President to make order in respect of persons under preventive detention in certain cases
Quick Summary (TL;DR)
Article 373 (Power of President to make order in respect of persons under preventive detention in certain cases): Special, transitional, and regional development provisions under Part XXI.
In Simple Citizen Words
Article 373 ('Power of President to make order in respect of persons under preventive detention in certain cases') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: 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...
Key Constitutional Provisions
Constitutional Mandate (Art. 373): Directly codifies the legal rule for 'Power of President to make order in respect of persons under preventive detention in certain cases' under Part XXI
Structured across 3 clause(s) with clear procedural conditions
Requires transparent Parliamentary law-making and democratic accountability rather than arbitrary executive action
Exceptions & Reasonable Restrictions
Under Article 372(1), all pre-Constitution laws continue in force only 'subject to the other provisions of this Constitution'—meaning any colonial-era law violating Fundamental Rights can be struck down under Article 13 (as in Navtej Singh Johar, 2018).
Why This Matters in Daily Life
Accommodates India's regional diversity and ensures seamless legal continuity from 1950 to the modern Republic.
Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates: