Power of the President to remove difficulties

Article 392 — Power of the President to remove difficulties

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.

SHORT TITLE, COMMENCEMENT, 1[AUTHORITATIVE TEXT IN HINDI] AND REPEALS

Plain English Summary

This article gives the President the power to issue orders to remove difficulties when transitioning from the old Government of India Act, 1935, to the new Constitution. This allows necessary changes (like modifications or additions) to the Constitution during this transition period.

Key Points

The President can direct that the Constitution's provisions have effect subject to necessary adaptations (changes).
These adaptations can involve modifying, adding, or omitting parts of the Constitution.
Such an order cannot be made after the first meeting of Parliament is duly constituted under Part V.
Any such order made must be laid before Parliament.

Why It Matters

This article provides a legal mechanism to smoothly transition from the previous governing laws to the new constitutional framework, ensuring a smooth shift for the country.

Landmark Judgements

No major landmark judgements.