Article 392 of Indian Constitution grants the President the authority to acknowledge difficulties in implementation of the Constitution, especially during the transition from the Government of India Act, 1935. The President can make temporary modifications, additions or omissions as needed with the changes being laid before Parliament. However, these orders can only be made until the first meeting of Parliament under Chapter II of Part V. This power was previously held by the Governor-General before the Constitution took effect. Explore in-depth analysis of other Constitutional Articles.

Article 392 of Indian Constitution

Power of the President to remove difficulties 

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 any 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 the Constitution, be exercisable by the Governor-General of the Dominion of India.

Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

Article 392 of Indian Constitution empowers the President to make necessary adaptations, modifications or omissions to any provision of the Indian Constitution to remove any difficulties encountered during the transition to the new constitutional framework. This is a transitional provision which ensures that the new Constitution can be effectively brought into operation without legal or practical hindrances. The power of the President under this article is time-bound and restricted to a period from the commencement of the Constitution. Moreover, any orders made by the President must be laid before Parliament for transparency and review, ensuring a system of checks and balances.

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Article 392 of Indian Constitution Significance

Article 392 of Indian Constitution under Part XXI plays an important role in facilitating the smooth transition to the constitutional framework of India by allowing the President to make necessary modifications temporarily. Its significance lies in considering immediate challenges while ensuring democratic oversight. The following are the important points:

1. Facilitating Smooth Transition: The main significance of Article 392 of the Constitution lies in its role in addressing the immediate challenges that originated after the adoption of the Constitution. This provision allowed the President to modify the Constitution temporarily and resolve issues that could have hindered the implementation of the Constitution in the initial years.
2. Temporary Nature: The temporary nature of Article 392 of Indian Constitution highlights that it was meant to be a short-term solution during the early days of the Republic of India. It highlights its transitional purpose.
3. Parliamentary Scrutiny: The requirement for the orders to be laid before Parliament ensures that these temporary changes are subject to legislative oversight.

Article 392 of Indian Constitution grants the President temporary powers to address difficulties in implementing the Constitution. The important features of this provision are as follows:

• Time-Limited Power: The power granted to the President to remove difficulties is confined and ensures that the provisions are no longer applicable after the initial transition phase.
• Adaptations and Modifications: The President under Article 392 of Indian Constitution has the authority to make necessary changes to the Constitution such as adaptations or modifications to suit the practical needs during the early implementation phase.
• Parliamentary Review: All orders issued under this article must be presented before Parliament and ensure transparency and the ability for legislative scrutiny.

Article 392 of Indian Constitution Judicial Pronouncements

Article 392 of Indian Constitution has been vital in ensuring the smooth implementation of the Constitution especially during its early years. Judicial interpretations of this article have reinforced its role in granting the President the authority to make necessary constitutional adaptations. The following are some of the landmark judgements :

The Supreme Court in the case of Shankari Prasad v. Union of India (1951) upheld the President’s adaptations made under Article 392 of Indian Constitution and confirmed that the actions of the President were within constitutional bounds. 

In D.S. Garewal v. State of Punjab (1958), Garewal challenged the constitutionality of the All-India Services Act, 1951, contended that the President exceeded his powers under Article 392 by modifying Article 312. Article 392 allows the President to make constitutional adaptations to resolve transitional difficulties. The Supreme Court upheld the actions of the President and referred to the Sankari Prasad Singh Deo case and affirmed that the modifications made were within the permissible scope of Article 392 of Indian Constitution, ensuring the Constitution’s smooth implementation during the early years.

Similarly, in cases like Commr. of Income-tax v. Dewan Bahadur Ramgopal Mills Ltd. (1961) and Straw Products Ltd. v. Income Tax Officer (1968), the Court upheld the legitimate use of powers delegated to the executive to remove difficulties under Article 392 of Indian Constitution in the implementation of legislation, as long as the limits set by the legislature were not exceeded.

Conclusion

Article 392 of Indian Constitution played an important role in facilitating seamless transition from colonial governance to the new constitutional order in independent India. By empowering the President to remove difficulties through temporary adaptations framers ensured that the implementation of the Constitution would not be hindered by unforeseen challenges.