Part XXI - Temporary, Transitional and Special Provisions • Article

Article 392 Simplified: Power of the President to remove difficulties

Article 392 gave the President a broad power to 'remove difficulties' during the transition to the Republic. It authorized the President to make necessary modifications, additions, or omissions in the Constitution to solve unforeseen administrative problems, but this power expired as soon as the first elected Parliament met in 1952. The Governor-General could also exercise these powers before the Constitution officially started.

Official Text

(1) The President may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935, to the provisions of this Constitution, by order direct that this Constitution shall, during such period as may be specified in the order, have effect subject to such adaptations, whether by way of modification, addition or omission, as he may deem to be necessary or expedient: Provided that no such order shall be made after the first meeting of Parliament duly constituted under Chapter II of Part V. (2) Every order made under clause (1) shall be laid before Parliament. (3) The powers conferred on the President by this article, by article 324, by clause (3) of article 367 and by article 391 shall, before the commencement of this Constitution, be exercisable by the Governor-General of the Dominion of India.

Simple Meaning

Explain Like Ten

When a big new rulebook like the Constitution starts, there are bound to be small mistakes or confusion. This rule let the President make quick edits and adjustments to solve those problems, but this power ended as soon as our first elected Parliament met in 1952.

Student Mode

Article 392 is a classic 'Henry VIII clause' (difficulty removal clause). It gave the President wide authority to direct that the Constitution would have effect subject to necessary adaptations (modifications, additions, or omissions) to resolve transition issues from the Government of India Act 1935. Crucially, the proviso to Clause (1) limited this power, stating that no such order could be made after the first meeting of the duly constituted elected Parliament in May 1952.

Example

In early 1950, before the elected Parliament met, the President used Article 392 to adapt parliamentary representation rules and temporarily resolve conflicts regarding local public offices to ensure the administration ran smoothly.

Key Takeaway

Provided the President with temporary power to modify the Constitution to resolve unforeseen transitional difficulties until the first elected Parliament met.

FAQs

What is a 'difficulty removal clause'?

It is a legislative device that allows the executive (the President/Cabinet) to make minor modifications to a new law or constitution to ensure it works in practice during its initial implementation, bypassing the need for a full legislative amendment.

Who exercised the difficulty removal powers before the Constitution officially started?

Under Clause (3), these powers were exercisable by the Governor-General of the Dominion of India (Lord Mountbatten and subsequently C. Rajagopalachari) to prepare for the transition.

Quiz

Until when could the President exercise the power to remove difficulties under Article 392?

Answer: Until the first meeting of the elected Parliament in 1952

Who could exercise the powers of Article 392 before the Constitution's official commencement in 1950?

Answer: The Governor-General of the Dominion of India