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| What is Article 390 of indian constitution |
📜 Article 390 of the Indian Constitution
Title: Power of the President to make orders with respect to persons under preventive detention in certain cases
❗️Status:
Article 390 has been repealed.
It was a transitional and temporary provision, omitted by the Constitution (Seventh Amendment) Act, 1956.
🧾 Original Purpose (Before Repeal):
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Article 390 empowered the President of India to make special orders regarding preventive detention cases during the transition period after the Constitution came into effect on 26 January 1950.
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It allowed continuation or modification of preventive detention laws and procedures from the pre-Constitution era, especially in Part B and C States, until proper laws were enacted under the Constitution.
🔍 Simplified Explanation:
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When the Constitution came into force, many existing detention laws (from British India and princely states) were still in place.
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Article 390:
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Allowed the President to validate or modify such detention orders.
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Applied particularly in Part B and C States, where legislative and judicial systems were in transition.
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Ensured that preventive detention could continue legally under the new constitutional framework.
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📌 Key Features:
| Aspect | Details |
|---|---|
| Applies To | Part B and Part C States, especially where detention laws existed before 1950 |
| Subject | Preventive detention orders |
| Powers Given To | President of India |
| Purpose | To allow continued legal detention during transition |
| Related Constitutional Area | Article 22 (which regulates preventive detention rights) |
| Repealed By | 7th Constitutional Amendment Act, 1956 |
🗂️ Related Laws/Articles:
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Article 22 of the Constitution: Provides protections to persons under preventive detention.
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Preventive detention laws in force included:
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Preventive Detention Act, 1950
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State-specific laws from princely states or British laws adapted for use.
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✅ Why Article 390 Was Important (and Then Repealed):
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Prevented legal loopholes in handling national security and public order cases.
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Allowed smooth legal transition of sensitive laws into the new system.
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Repealed when:
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India had a standardized preventive detention framework under Article 22 and central laws.
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All states were brought under the uniform legal structure post-1956.
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