Part xxi: Transitional Provisions

Article 392: Power of the President to Remove Difficulties

Original Article:

Article 392 empowered the President to issue orders to remove any difficulties arising during the transition from the Government of India Act, 1935, to the Constitution of India. These powers were temporary and ceased after the first meeting of the Parliament.

Explanations:

Article 392 was a transitional provision designed to address any practical difficulties encountered during the implementation of the Constitution. It granted the President the authority to make temporary modifications, additions, or omissions to the Constitution to facilitate smooth governance during the transitional phase. The Article ensured that administrative and legal challenges were effectively managed without legislative delays.

Clause-by-Clause Explanation:

Clause (1): Temporary Powers to Remove Difficulties

The President could issue orders to adapt the Constitution to address difficulties, ensuring governance continuity. However, this power was temporary and could only be exercised until the first meeting of Parliament.

Clause (2): Parliamentary Oversight

All orders issued under this Article had to be presented before Parliament, ensuring transparency and legislative scrutiny.

Clause (3): Pre-Constitution Powers

Before the Constitution’s commencement, similar powers were exercisable by the Governor-General of the Dominion of India, providing a seamless transition to the new governance framework.

Legislative History:

Article 392 was included to facilitate a smooth transition from colonial governance to an independent constitutional framework. The Constituent Assembly emphasized the need for flexibility during the early stages of implementing the Constitution to address unforeseen challenges effectively.

Amendments:

No amendments were made to Article 392. The powers conferred by this Article ceased automatically after the first meeting of Parliament.

Debates and Deliberations:

The Constituent Assembly debated the scope and limitations of the President’s powers under Article 392, ultimately ensuring that these powers were temporary and subject to parliamentary oversight to prevent misuse.